Are you thinking about filing a lawsuit against a person or entity that causes you severe damage or loss?
But, you do not know which type of lawsuit it will be.
Often individuals with no or lower to moderate knowledge about law and legal issues are confused between a civil lawsuit and a criminal lawsuit. However, knowing the differences will always help you to choose the best lawyer for your case or lawsuit.
Here, in this article, we will talk about the differences between civil and criminal lawsuits so that you can choose the best civil lawyer in Atlanta GA, after identifying your civil lawsuit and getting the claim.
What Is A Criminal Case?
In case an individual accused of a crime is usually charged in a formal accusation that is termed an indictment for serious crimes or felonies. It is also referred to as information for misdemeanors.
On behalf of the people of the USA, the government prosecutes the case in case the person is charged with any federal crime. When it comes to state crime, an office of the state attorney prosecutes state crimes. It is identified as “District Attorney. ”
What Is A Civil Case?
The civil case is all about the plaintiff, which can be an individual person or an entity such as the government or corporation that claims that another entity or person means the defendant has failed to complete or carry out a legal duty or responsibility owed to the plaintiff.
Both the defendant and plaintiff are also referred to as litigants or parties. In a civil case, the plaintiff might ask the court to instruct the defendant to fulfill their duty or pay a particular compensation amount for the harm that is caused due to the defendant’s miss of duty.
For your civil case, you need an experienced Civil Lawyer in Atlanta GA, to take care of all the legalities of your claim or case.
Understanding The Difference Between Civil Lawsuit & Criminal Lawsuit:
Now, you get a basic understanding of what civil and criminal cases are. Now let’s have a look at the key differences between them.
- Crimes are always considered offenses against society or the state as a whole.
- In terms of their punishment, civil offenses and criminal offenses are different.
- Almost always, criminal cases allow for a trial by jury.
- The standard of proof is also completely different in a civil case versus a criminal case.
- In criminal cases, a defendant is entitled to an attorney.
- Under criminal law, the protections afforded to defendants are considerable.
1. Crimes Are Offences Against The State
Although a person might murder a particular individual, the murder will be considered an offense to everyone in society. Similar way, crimes against the state are also prosecuted by the state.
As a representative of the state, a prosecutor files the case.
2. Differences In Punishment
Generally, civil cases only result in monetary damages. Often it also orders to do or not to do something, which is known as injunctions. Here, you need to note that a criminal case might include both monetary punishment and jail time in the form of fines.
As criminal cases have greater consequences in general, such as the possibility of jail and even death, criminal cases are harder to prove and have a lot of protection.
3. The Standard Of Proof
Beyond a reasonable doubt, crimes have to be proven. In the aspect of a civil case, it is proven by a lower standard of proof, for example, “the preponderance of the evidence.”
As civil liability is mostly considered less blameworthy and the punishments are also less severe, the difference in standards is always present. A Civil Lawyer in Atlanta GA will be able to guide properly with all these.
We believe after reading this article; you will get a complete understanding of the differences between civil and criminal cases. Still, if you have any queries or doubts, you can contact a Civil Lawyer in Atlanta GA for your case. A legal professional will be able to guide you properly.
It is best to get a lawyer instead of searching for information here and there.
Arnab is a passionate blogger. He shares sentient blogs on topics like current affairs, business, lifestyle, health, etc. To get more of his contributions, follow Smart Business Daily.