Civil and Criminal Law difference | Sodhi Law Group of Modesto
Here in the United States are two different laws with the same purpose of justice for any wrongdoings. These two bodies of law are to carry out punishments and compensate victims of any crimes against them. Though these have the same purpose they are very different. Criminal law is a crime against the public, society or the state(even if the victim was in fact an individual). Civil law is a crime against an individual or a private party.
Murder, drunk driving and assault are prime examples of Criminal law. These are crimes with intent to harm a person or public. When a person is accused of a crime they are charged by an indictment. Indictment is typically for felonies and serious crimes. An indictment is a formal accusation against and individual suspected of committing a crime.
These cases are prosecuted through the government, on behalf of the people of the United States. If it is a federal crime it is prosecuted through the United States Attorney’s Office. If it is considered a state crime, it is prosecuted through a State’s Attorney’s office. The victim or victims would not be involved in the prosecution. In some cases there is no specific victim, as in the crime could have been a violation put in place for public safety, such as drunk driving.
Breach of contract, negligence and property damage are considered Civil law. These are crimes that causes injury to an individual or another private party. These cases typically include private disputes between two or more people or organizations. A Civil case starts when a person or corporation accuses another person or corporation has failed to carry out a legal duty owed.
Civil cases are also brought in by state and federal courts. THe plaintiff and the defendant are called parties or litigants. The plaintiff is the person who brings the case against the defendant. The plaintiff may ask the court to order the defendant to fulfil the duty owed or may inquire about receiving compensation for any harm done.
There are some cases where these two bodies of law intertwine. A Criminal act may open the door to both criminal and civil law. For example when someone has been charged with homicide, it is a possibility the family of that victim can sue for wrongful death and try to collect compensation for losses.
It is in the best interest to contact an experienced lawyer if accused of a crime. With so many possible outcomes having a lawyer on your side can insure having the best outcome.
Contact Sodhi Law Group of Modesto
The Sodhi Law Group is a highly successful law firm located in Modesto, California. We specialize in Criminal Defense, Civil Litigation, Personal Injury, Contracts and Transactions, and many other legal services. Jak Sodhi, Ameet Birring, and their team of professionals offer more than 20-plus years of legal experience, and over 90% successful court cases since 1999*.
This blog does not create an attorney-client relationship. This blog is legal information and should not be seen as legal advice. You should consult with an attorney before you rely on this information.
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