Tulsa Attorneys, Civil vs. Criminal Law
Some clients may be surprised that the same act can subject them to both civil and criminal liability. Our U.S. legal system does in fact have both civil
Because the Tulsa attorneys at Kania Law Office are experienced litigators in both criminal and civil cases, our legal team is in a unique position to represent you if you are facing both civil and criminal charges. We bring in depth understanding of both criminal and civil matters. Some of the key distinctions in the systems are as follows:
A Different Purpose Civil v. Criminal Law
- Civil law generally pertains to duties and disputes between individual people or organizations, or between individual people/organizations and the government. The purpose of civil law is to help resolve those disputes and provide remedies to those damaged by violations of the law. An example of a civil law suite is personal injury law, workers compensation law to name a few. For this kind of case you need a Tulsa attorneys that practices civil law.
Crimes, although they impact individual people, are considered offenses against society as a whole, not just the individuals themselves. The goal of criminal law is to maintain societal stability by defining what is acceptable and not acceptable, to punish offenders, and to deter criminal acts. For this type of case you need a Tulsa attorneys that practices criminal defense law.
Different Parties For Civil v. Criminal Law
- Civil cases are brought by individuals or organizations like corporations seeking a remedy. When an individual files a lawsuit, he or she is the Plaintiff. The person sued is called the Defendant. Generally, individuals pay their own legal fees and costs, unless one of the parties is awarded attorney fees.
Criminal cases are prosecuted by the state or federal government, not the victims of the crime. The government is generally represented by a public official, such as an Attorney General or District Attorney. The person being prosecuted is still called the Defendant. Tax dollars fund criminal prosecutions, and sometimes defense costs as well, if the accused cannot afford counsel of their own and must utilize the services of a court-appointed attorney/public defender.
Different Burdens of Proof In Civil v. Criminal Law
Because criminal sanctions are harsher than civil remedies, criminal defendants are protected by a higher standard of proof, and the burden of proof is on the government to prove that the defendant is guilty. In order to prove guilt, the government must establish guilt “beyond a reasonable doubt,” and the defendant is innocent until proven guilty. Generally, a jury’s verdict must be unanimous.
In civil cases, the plaintiff typically has the burden to demonstrate liability, but the burden can shift to the defendant in certain circumstances, in which case the defendant must demonstrate they are not liable. The standard of proof in civil cases is not “beyond a reasonable doubt.” Rather, there is a slightly lesser standard that requires the plaintiff to prove their case by a “preponderance of the evidence.” In contrast to criminal cases, jury verdicts do not typically need to be unanimous. This may help explain why some defendants are found not guilty in a criminal case, but are found liable in a civil case.
Different Outcomes For Civil v. Criminal Cases
- In civil cases, if the defendant is found liable, the Plaintiff is granted a remedy. This typically comes in the form of damages to monetarily compensate the Plaintiff for harm done, but equitable remedies like injunctions do exist. Sometimes, punitive damages are awarded, but civil defendants do not face punishments like jail time.
Criminal defendants that are found guilty receive criminal sentences, which vary depending on the crime. Criminal sanctions include fines, probation, incarceration, restitution, community service, and in extreme cases, the death penalty. For this type of case you will need a Tulsa attorney that practices criminal defense.
Contact Our Tulsa Attorneys Today
If you or a family member is facing criminal charges, you may need a Tulsa attorneys that practice criminal law. But if you have been injured or need a Family and Divorce law a Tulsa attorneys that practice civil law is what you will need. If you would like to consult with the knowledgeable Tulsa attorney at Kania Law Office, call us today to schedule a free appointment at (918) 743-2233. You may also complete our online form and someone will respond to you promptly. We provide our services in both English and Spanish.
Tulsa Attorneys Civil and Criminal Law
http://www.kanialaw.com/criminal-defense-lawyers-tulsa-oklahoma/tulsa-attorneys-differnce-between-civil-and-criminal-law-office.htm
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