Legal matters involving people’s rights, such as civil and criminal cases, have distinct differences in their structures, the evidence needed to prove them, and the consequences of the verdicts.
Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.
What is a Civil Case?
When two parties have a disagreement, a civil case is initiated. One party files a suit against the other, and the jury decides who is at fault and what the damages are. The court then orders the responsible party to pay money to the harmed party or to fulfill a contractual obligation.
What is a Criminal Case?
Rather than being considered an offense against an individual, criminal law regards a crime as an act against society. As a result, the government will take legal action against a person who has committed a crime. If found guilty, the defendant may be subject to a financial penalty, placed under probation, or have to serve time in jail or prison. In comparison to a monetary fine, jail time or incarceration is seen as a more serious penalty, as it involves the deprivation of one’s personal freedom.
How Difficult Are These Cases?
The criminal justice system provides increased protection for defendants due to the higher stakes of the case. It is a fundamental principle that the accused is innocent until proven guilty, and the burden of proof lies on the prosecution to establish the defendant’s guilt beyond a reasonable doubt.
In civil cases, the requirement for proof is significantly less strenuous. It is only necessary to demonstrate a probability of greater than 50 percent that one of the parties is at fault with a preponderance of the evidence.
How Serious Are These Charges?
People accused of a crime have additional rights under the Constitution. This includes:
- The right to an attorney, be it from a private practice or the court system
- The right to not be pushed to incriminate themselves
- The right to require witnesses to testify on their behalf
- The right to challenge witness testimony by cross-examination
The severity of criminal offenses can vary. When issued a citation, such as for a traffic violation like exceeding the speed limit or parking in a restricted area, it typically incurs a low-cost penalty. Misdemeanors, such as battery without injury, shoplifting, defying a law enforcement officer, or intoxication in public, can be punishable by jail for twelve months or less. Felonies are the most serious of offenses, including but not limited to robbery, kidnapping, rape, and murder, and can result in a sentence of over one year in duration.
Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.
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SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.
