Differences Between a Civil and Criminal Case
One of the most common questions asked of me is “What is the difference between a civil case and a criminal case?” There are many differences but some of the main ones are easy to distinguish.
A civil case usually involves a dispute between private persons and/or organizations, such as a corporation. A criminal case is brought to the court by either a local, State, or Federal agency against the defendant because of some alleged violation of a law.
One important difference between a civil and criminal case is the burden of proof. In a civil case the burden is always initially on the Plaintiff but can change to the Defendant in some cases; for example when the Plaintiff has made a prima facie case. The standard in a civil case is called preponderance of the evidence. Meaning that if the jury believes the defendant was more then 50% at fault this burden has been met.
In a criminal case the burden is always on the government to prove guilt. The defendant in a criminal case is always assumed to be innocent until the burden has been met by the prosecuting agency. This burden can sometimes fall on the defendant; for example if he/she wishes to claim insanity. The burden in a criminal case is called beyond a reasonable doubt. Meaning that the government must prove the person being charged was for certain the one who committed the crime. If a numerical value were placed on this burden I would argue it to be 99.9%.
These are just a few but important differences that distinguish a civil case from a criminal case.
At the Law Offices of Arash Hashemi, our team of expert criminal defense lawyers is dedicated to fighting aggressively for our clients’ rights. To schedule a consultation with a lawyer at our firm, call us at (310) 448-1529 or contact us online. Located in Westside Towers in LA, our office is minutes from Santa Monica, Beverly Hills, and Westwood and steps away from the Expo/Bundy Station. We have flexible hours and offer weekend appointments, and we will visit you in jail for consultation on your case.
