In the legal system, an individual can be taken to court in a criminal or civil case. Though most populations tend to categorize both cases as a single genre, in reality, they differ a lot from one another. Before jumping into the difference and know-how, criminal attorneys in Charleston can help. Let’s look at the general definition of both types of cases.
In civil cases, an individual or an organization seeks settlement from a judge for a civil problem, such as
- a family problem, such as divorce or custody of the child,
- a problem concerning an inheritance, or
- a problem involving a contract.
It even involves cases of individuals seeking compensation for damage suffered because of someone else’s fault. This type of case is termed a civil responsibility case. For instance, if some sue a poor electrician for shoddy work that caused the breakdown of a new appliance in the kitchen, the judge can’t ask the electrician to compensate for the appliance damage.
Civil cases deal with a wide spectrum of issues, and many different rules connect to them.
The reason criminal cases proceed to court is invariably the same. That is, a person is driven to court because they are accused of committing a crime.
The judge, and sometimes a jury, must analyze the proof proffered during a hearing to determine whether the accused is guilty or innocent.
Most crimes and their penalties are specified in the Criminal Code of the USA. Some offences involve other characters, including
- sexual assault,
- identity theft, and
Other crimes have to do with objects, such as making fake money (counterfeit) and drug possession.
Civil Cases VS Criminal Cases
The primary difference between a criminal case and a civil one is that a criminal case includes a crime against the state. In contrast, a civil case is primarily a dispute between individual parties.
Here are a few significant differences between a criminal and a civil case. Take a look!
- Weight of proof: The load of evidence the accuser must meet in a criminal case is much more dominant than the one the plaintiff needs to meet in a civil case.
In a criminal case, the state must demonstrate beyond a rational doubt that the defendant has committed the crime of which they are being accused.
On the other hand, a civil plaintiff merely needs to show that it is more probable than not that the allegations behind the claim are correct. This is called the “preponderance of evidence” standard.
- Differences in procedure: A large variety of criminal trials are jury trials. Rather, that is one of your foundational legal rights. On the other hand, although many civil trials include a jury, only a few of them are heard and resolved singularly by a judge. Moreover, where every criminal defendant is termed a criminal attorney in Charleston, regardless of the defendant’s ability to pay, nothing such exists in civil cases.
You can trust criminal attorneys in Charleston to pursue your case with vigour and skill, whether you’re seeking a civil claim or you’ve been accused of a crime.
The extensive track record of success of criminal attorneys in Charleston can help you get out of your situation with quality work.