Each and every case in a court is unique, has a different story, and has different grievances. It is one of the most difficult tasks to segregate various cases into groups and then further assign the appropriate punishments according to the gravity of crimes committed. After much debate and arguments, the current system classifies an incident as a civil case or a criminal case.
How are civil cases different?
The chief identifier of a civil case is that it revolves around a dispute between people and/or businesses, where the dispute is over money. These cases can be withdrawn at any time if the dispute is privately resolved. A usual civil case starts with a person or business claiming to be harmed and demanding to award damages, or ask for an injunction to bar the defendant from a certain action, or seek the defendant to perform a certain action or seek a “declarative judgment”.
Which type of cases are known as criminal cases?
Cases that involve violation of public codes behavior codified in the laws of the state are classified as criminal cases. The severity of a criminal case can vary. Punishment here includes fines, community service, probation, prison, etc. Criminal cases can involve:
- Assault
- Murder
- Identity theft
- Drug possession etc.
In a criminal lawsuit, the government, instead of the victim, takes the position of the prosecutor and also pays the costs of criminal prosecuting attorney for the case.
Procedures in a criminal lawsuit
Criminal court cases can only be filed by a government lawyer. In a criminal lawsuit, the government assumes the role of prosecutor against the person accused of the crime. Thus, the position of the defendant is assumed by the person accused of committing the crime. In certain criminal defense cases where the defendant is unable to afford a lawyer, a government-paid lawyer, referred to as a public defender, is appointed by the judge.
Criminal Lawsuit; Key Differences
- Usually no deadline
- The victim is usually a key witness
- The judge can order for imprisonment as punishment
Judgment in a Criminal Lawsuit
As in all lawsuits, the court follows the rule of innocent until proven guilty. Therefore, before passing a judgment the prosecutor must convince that the accused is guilty beyond a reasonable doubt before the courtroom. After being found guilty, the judge can proceed to order different punishments to the accused including imprisonment, community work, fine, etc. In case the prosecutor is unable to prove the accused to be guilty or if the accused is successful in raising a reasonable doubt, the accused is ruled out to be innocent.
If you want to know what cases are yours give Beltz Law Firm a call today for a private and confidential consultation.
