Civil cases are legal disputes that normally occur between private parties. The plaintiff generally demands financial compensation for losses sustained by the defendant’s wrongful conduct. Criminal cases are allegations by a public law enforcement agency that the defendant broke the law. Prosecutors can pursue criminal fines, prison time, and other sanctions.
Differences between civil and criminal cases in California
The following table summarizes the most important differences between civil and criminal cases in California:
| Civil cases | Criminal cases | |
| The parties involved | Typically private parties, like individual people or businesses | The federal, state, or local government and an individual or corporation that is being accused of breaking the law |
| The names of the parties | The plaintiff, who initiates the lawsuit, and the defendant, who is accused of the wrongdoing that injured the plaintiff | The prosecutor, who stands in for the government, and the defendant, who is accused of a crime |
| What is at stake | Typically financial compensation to cover the plaintiff’s losses, though some civil lawsuits demand injunctive relief, which is a court order that regulates the defendant’s conduct | Criminal sanctions, including fines, a jail or prison sentence, probation, and a court order imposing other penalties, such as victim restitution |
| You are held in jail until trial | No | Yes, unless you can post bail or the judge releases you on your own recognizance |
| You have a right to a lawyer | No | Yes |
| Who has the burden of proof | The plaintiff, though it can shift to the defendant in certain circumstances | The prosecutor, though it can shift to the defendant for affirmative defenses |
| The standard of proof | Generally by a preponderance of the evidence, though it can be by clear and convincing evidence in certain cases like fraud | Beyond a reasonable doubt |
| If the defendant loses, he or she is found… | Liable | Guilty |
| Defendants can pay for the conduct of others | Yes; there are many situations where one party can be held vicariously liable for the misconduct of someone else, such as an employer being held liable for the negligence of its employees on the job | Almost never |
| Defendants must have intended to cause harm | No; many civil lawsuits involve negligent or unintentional conduct | Most criminal charges require a culpable state of mind, which can include intentional, knowing, reckless, or criminally negligent conduct |
Civil cases
A civil lawsuit is a formal legal dispute between private parties. Those entities can be:
- individual people, and/or
- corporate entities.
Civil claims can take a wide variety of forms, including:
- personal injury claims, also known as tort claims, including for:
- car accidents,
- medical malpractice, or
- premises liability;
- breach of contract claims,
- employment law claims, like for wrongful termination or workplace discrimination, or
- family law claims, such as for child custody or divorce.
In most of these types of cases, one party (the plaintiff) claims that the other party (the defendant) wronged them. They will argue that this wrongful conduct caused the plaintiff’s injuries or other losses. The plaintiff will demand financial compensation to pay for their losses. This is all included in the plaintiff’s complaint, the first filing made in civil court.
In some civil matters, particularly in the context of family law, the plaintiff will seek an injunction. This is a court order for the defendant to do something or to refrain from doing something.
The plaintiff then has the burden of proof to back up their claims with supporting evidence. Generally, plaintiffs have to prove their case by a preponderance of the evidence in civil actions. This means that they have to convince the fact-finder that it is more likely than not that the plaintiff is correct.
In most civil court cases, the defendant’s state of mind is not at issue. The defendant’s negligence is generally enough to support legal liability for the plaintiff’s losses.
If the plaintiff succeeds, the defendant will be found liable. They will have to pay the plaintiff the compensation the plaintiff needs to cover their losses, or comply with the court order.
In some cases, there is vicarious liability. This holds someone other than the defendant liable for the defendant’s conduct. 2 common examples of vicarious liability are when:
- an employee’s negligence on the job hurts someone – the employer can be held liable for the employee’s conduct, and
- a child hurts someone – the child’s parent can be held vicariously liable.
Criminal cases
A criminal charge is an allegation by law enforcement that the defendant broke state or federal criminal law. That defendant can be an individual person or a corporate entity.
There are a wide variety of criminal charges that can be filed, including:
- murder (California Penal Code 187 PC),
- drug trafficking (Health and Safety Code 11352 HS), and
- grand theft (Penal Code 487 PC).
These can be misdemeanors or, if they are more serious crimes, felonies.
Law enforcement officers gather information about a potential violation by conducting an investigation. If they get probable cause to believe that the suspect committed a crime, they will arrest him or her. At the arraignment, the defendant will be accused of the crime. Criminal charges will be filed that initiate the criminal proceeding. The defendant may be required to post bail in order to stay out of jail while their case is pending in criminal court.
Criminal defendants benefit from several legal protections afforded by their constitutional rights, such as their right to a criminal defense attorney or a public defender.
Depending on the severity of the case, the prosecutor will pursue a conviction that carries with it:
- prison or jail time,
- criminal fines,
- probation, and/or
- a court order with other legal obligations, like community service or a restraining order.
Convictions for a capital offense in California can carry the death penalty.
The prosecutor or district attorney will have the burden of proof. They have to meet it by proving the defendant’s guilt for each element of the criminal offense beyond a reasonable doubt. One of those elements is generally the defendant’s state of mind at the time of the offense. Most crimes require that the defendant acted:
- intentionally,
- knowingly,
- recklessly, or
- with criminal negligence.
However, there are a few strict liability crimes that do not require a culpable state of mind, such as driving under the influence (DUI).[1]
If the prosecutor proves their case at trial, the defendant can be found guilty. They can also plead guilty before trial. The case will move forward to the sentencing hearing. There, the judge will impose the penalties for the conviction.
After serving their sentence, the defendant will also suffer the collateral consequences of having a criminal conviction on their record.
How they can influence each other
Criminal cases and civil cases can influence one another.
Sometimes, the victims of a crime will use the findings of a criminal case to support a subsequent civil lawsuit. This happened in the O.J. Simpson trial. He won and was acquitted for murder in his criminal trial. Evidence that was gathered in the criminal case was then used in a civil case for wrongful death by the victim’s family members. The lower standard of proof in the civil trial led to Simpson losing and being found liable, even though he was found not guilty in the criminal case.[2]
In other cases, the findings of a civil lawsuit can attract the attention of law enforcement. Their investigation can uncover evidence of criminal activity and take the case into the criminal justice system.
Legal Citations:
[1] California Vehicle Code 23152 VC.
[2] Simon, Stephanie, “Simpson Verdict: $25 Million: Punitive Damages Bring Total to $33.5 Million”. Los Angeles Times (February 11, 1997).
