Differences Between Civil & Criminal Law
The legal system applies criminal law to cases that could involve punishment that includes incarceration. All other types of legal cases represent matters of civil law. For most individuals, legal issues fall under the purview of civil law, including divorce, child custody, estate disputes, personal injury lawsuits, guardianship petitions, and contract disputes.
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Only public authorities at the local, state, and federal level may initiate criminal cases. The lawyers at Webster & Garino litigate both civil and criminal matters. You can consult an Indiana lawyer knowledgeable about the area of law applicable to your situation.
Key Differences Between Civil and Criminal Cases
The outcome of a civil case typically does not require the imprisonment of an individual. If a person is found to be in contempt, the Court in a civil action could order time in jail as a sanction for contempt of Court. The punishment most often sought by plaintiffs in civil cases involves the recovery of monetary damages from a defendant, such as an automobile accident personal injury lawsuit. Pursuing unpaid child support represents another common type of civil case that is about money.
Money is not necessarily the goal of some civil cases. Asking a court to make you the guardian of an incapacitated person is an example of a civil action that would end with a judge either approving or denying the petition.
Anyone, including individuals and companies, may initiate a civil case by filing the appropriate complaint with a civil court. The plaintiffs and defendants bear the cost of civil cases.
In contrast, public funds finance the prosecution of criminal cases. Publicly-employed attorneys decide whether a criminal complaint will go to court. A criminal defendant has the option of hiring a Carmel Indiana lawyer to manage the defense. In both criminal and civil cases trials can be conducted by a judge or jury.
Criminal cases must meet a higher burden of proof than civil cases. Jurors must overcome all reasonable doubts before returning a guilty verdict. Jurors in civil cases, however, must consider only the preponderance of evidence. This means that they base their decision upon what the majority of evidence suggests.
Can a Case Be Both Criminal and Civil?
Yes, in certain circumstances, a case can involve both criminal and civil courts. For example, in a wrongful death case due to a car accident, the family might file a civil lawsuit for damages against the negligent driver, while the state could file criminal charges such as vehicular manslaughter.
Legal Representation in Civil and Criminal Matters
Whether you’re facing a criminal charge or involved in a civil dispute, seeking guidance from a knowledgeable attorney is crucial. At Webster & Garino LLC, our attorneys specialize in both civil law (such as family law, estate planning, real estate law, and probate) and criminal defense services. We offer expert counsel to help you navigate your legal issues and ensure the best possible outcome.
Get Legal Assistance with Your Case
If you’re involved in a civil or criminal case, Webster & Garino LLC can help. Our experienced Indiana lawyers specialize in family law, estate planning, probate, business law, criminal defense, and real estate law. For a complimentary case review, call us at (317) 497-5892 or contact us online to discuss your case.
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