Last Updated on July 17, 2025 by Beltz Law Group
Trial Lawyer
Understanding the legal system can be complex, especially when trying to differentiate between various types of lawsuits. In Texas, like the rest of the United States, cases are broadly categorized into two main types: civil cases and criminal cases. While both involve legal disputes and court proceedings, they differ significantly in their purpose, parties involved, procedures, and potential outcomes.
What is a Civil Case?
A civil case revolves around a legal dispute between individuals, organizations, or sometimes even governmental entities, where one party claims to have been harmed by the actions or inactions of another. The core of a civil case is typically about resolving a private dispute, often involving money or specific actions.
Key Characteristics of Civil Cases:
- Parties Involved: Typically, a “plaintiff” (the party claiming harm) sues a “defendant” (the party accused of causing harm).
- Purpose: To compensate the injured party for their losses, compel a specific action, or declare legal rights. It is not about punishing the defendant with jail time.
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Common Examples:
- Personal Injury: Car accidents, slip and falls, medical malpractice, premises liability.
- Contract Disputes: Breach of contract, non-payment of debts.
- Property Disputes: Boundary disputes, landlord-tenant issues.
- Family Law: Divorce, child custody, adoption.
- Defamation: Slander or libel.
- Initiation: A civil case is initiated by the aggrieved party (the plaintiff) filing a lawsuit.
- Resolution: Many civil cases are resolved outside of court through negotiation, mediation, or arbitration. If a private settlement is reached, the lawsuit can be withdrawn.
- Remedies (Outcomes):
- Monetary Damages: The most common remedy, where the defendant pays money to the plaintiff to cover losses (e.g., medical bills, lost wages, pain and suffering).
- Injunctions: A court order requiring a party to stop a certain action (e.g., cease polluting).
- Specific Performance: A court order requiring a party to perform a certain action (e.g., fulfill the terms of a contract).
- Declaratory Judgment: A court’s official declaration of the rights and responsibilities of the parties in a legal dispute.
- Burden of Proof: The plaintiff must prove their case by a “preponderance of the evidence,” meaning it is more likely than not (over 50% probability) that their claims are true.
What is a Criminal Case?
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A criminal case involves an alleged violation of public laws designed to protect society. These laws are codified in state or federal statutes. When a crime is committed, the government (acting on behalf of the public) takes action against the individual accused of breaking the law.
Key Characteristics of Criminal Cases:
- Parties Involved: The “prosecution” (the government, represented by a prosecutor) brings charges against the “defendant” (the person accused of the crime). The victim of the crime is typically a key witness, not the party bringing the lawsuit.
- Purpose: To punish the offender, deter future criminal activity, and protect public safety.
- Common Examples:
- Assault
- Murder/Homicide
- Theft (including Identity Theft)
- Drug Possession/Trafficking
- Driving While Intoxicated (DWI)
- Burglary/Robbery
- Initiation: Only a government lawyer (prosecutor) can file criminal charges.
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Procedures:
- An arrest may occur, followed by charges being filed.
- The defendant has a right to legal counsel; if they cannot afford one, a government-paid public defender will be appointed.
- The case proceeds through stages like arraignment, preliminary hearings, and potentially a trial.
- Remedies (Outcomes): If found guilty, punishments can include:
- Fines: Monetary penalties paid to the government.
- Probation: Supervised release with specific conditions.
- Community Service: Required work for the benefit of the community.
- Imprisonment: Time spent in jail or prison.
- Death Penalty: In certain severe capital felony cases in Texas.
- Burden of Proof: The prosecution must prove the defendant’s guilt “beyond a reasonable doubt.” This is a very high standard, meaning there should be no logical doubt that the defendant committed the crime. If the prosecution fails to meet this standard, or if the defense successfully raises a reasonable doubt, the defendant must be found “not guilty.”
Key Differences Summarized:
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Need Legal Guidance in Texas?
Navigating the Texas legal system can be complex, whether you are involved in a civil dispute or facing criminal charges. Understanding which type of case applies to your situation is the first step toward determining your legal rights and options.
If you have questions about a legal matter and need help understanding whether it falls under civil or criminal law, contacting an experienced legal professional is crucial. The Beltz Law Group is available to provide a private and confidential consultation to help you understand your specific case and guide you on the best path forward.
