Austin Criminal Defense Lawyers

Differences between Criminal and Civil Law

One of the major divisions in American law is the difference between Criminal and Civil cases. There are three major differences, including:

  • Type of Crime
  • Punishment
  • Burden of Proof

Type of Crime

The type of crime involved in civil lawsuits is usually a matter between two people, in which there is a question of negligence or an accident. The big thing to remember is that in a civil case the offender usually never had intent to cause harm to the victim. However, in criminal cases, this is often the exact opposite. If someone does something illegal with purposeful intent, it is usually cause for a criminal case.

Punishment

In civil cases the “punishment” is usually just compensation for damage caused. For example, money will be awarded to pay for medical bills or to fix a car. In criminal cases, the punishment is meant to teach the offender what the law means, and to punish them for the crime they committed. This can include jail time up to the death penalty.

Burden of Proof

In a civil case, the victim must prove that harm has occurred and that it was the negligence of the other person that caused it. In a criminal case, it is usually the State that is prosecuting the criminal, and so all the burden of proof falls on them to prove the offender guilt.

Speak with an Austin Criminal Defense Attorney

If you or a loved one has been charged in a criminal case, and needs legal representation contact the Austin criminal defense lawyers. Understanding the law is the first step in building a defense case. Talk to Ian Inglis by calling 512-472-1950 today.

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