September 22, 2022 by Nesibe Selma
What is the difference between criminal and civil law?
Topic
Community Education
As a nonprofit legal aid, Lone Star Legal Aid assists the needs of underserved communities. Our goal is not only to represent our clients, but also educate and inform them on the inner workings of the legal system.
Those facing legal challenges for the first time may only understand the courtroom as it’s portrayed in the media, film, or television. There are many different law types, but all fall under two general umbrellas, civil and criminal.
While both bodies of law are designed to resolve disputes, the overall process of the case and the outcome differ greatly.
What is Criminal Law?
Criminal law deals with crimes viewed as offenses against the state or federal government; it covers cases where a criminal law established by the government has been broken. This includes behavior that can be considered an offense against an individual, the public, society, or state, such as:
- Assault
- Theft
- Homicide
- Conspiracy
- Drunk driving
- Obstruction of justice
- Possession of a controlled substance
Criminal cases can only be initiated by the federal or state government. The punishment in criminal cases can be either incarceration, community supervision, and/ or a financial penalty. Any person charged with a crime is considered innocent until proven guilty. This means the prosecution must prove that the defendant is guilty “beyond a reasonable doubt.”
In Texas, certain felonies and misdemeanors have a statute of limitations that ranges from 2-10 years. However, serious criminal allegations including assault and murder have no expiration and can be taken to court anytime.
Defendants in criminal cases have the right to adequate representation; if they cannot afford to hire a defense attorney, the government will provide a lawyer. Defendants also have the right to decline legal representation and choose to self-represent. Considering the punishment for criminal cases, however, it is not recommended that a defendant represent themselves.
What is Civil Law?
Civil law deals with disputes between two entities and protects the private rights of individuals, these disputes cover behavior that can be considered an injury to an individual or corporation, such as:
- Custody disputes
- Personal injury
- Breach of contract
- Bankruptcy
- Divorce
- Defamation
- Negligence/malpractice resulting in injury or death
- Property Damage
Civil cases can be initiated by a private party (plaintiff), with cases being decided by a judge*. The punishment in civil cases is usually financial compensation and almost never imprisonment. The burden of proof is the plaintiff’s responsibility in civil cases; it is often sufficient to meet the burden of proof by having a significant amount of evidence or presenting “clear and convincing” standards.
*significant cases may require juries
With civil law, there is motivation to find a reasonable and acceptable solution for both parties, and most civil cases reach resolution in a settlement before even making it to trial.
In Texas, the civil statute of limitations can range from 1-5 years, depending on the severity of the claim.
In civil cases, either party can appeal a court ruling. Texas law mandates that both filing and appealing a civil court case will result in appropriate filing fees of $200 or more. Plaintiffs may file a statement of inability to afford as a request for the court to waive such fees.
Do civil and criminal cases ever intersect?
Yes, there are instances where criminal and civil cases may overlap, and many court cases can be both civil and criminal. For example, an assault can be charged in criminal court as violation of the Penal code and can also be a civil case if the victim decides to sue for compensation of medical expenses and emotional distress. It is important to remember that these two proceedings apply different standards and can have separate outcomes.
Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income and underserved populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. LSLA focuses its resources on maintaining, enhancing, and protecting income and economic stability; preserving housing; improving outcomes for children; establishing and sustaining family safety, stability, health, and wellbeing; and assisting populations with special vulnerabilities, like those with disabilities, the aging, survivors of crime and disasters, the unemployed and underemployed, the unhoused, those with limited English language skills, and the LGBTQIA+ community. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org.
Media contact: media@lonestarlegal.org
