Civil vs criminal law is one of the most basic divisions in the U.S. legal system. Criminal law deals with conduct the government treats as an offense against society, such as theft or assault, and it can lead to fines, probation or prison. Civil law, on the other hand, deals with disputes between private parties, such as a broken contract or an injury claim, and it usually leads to money damages or a court order. The two systems use different courts, different rules of proof and different outcomes. This guide explains the key differences, with examples and a side-by-side comparison table.
Civil vs criminal law: comparison table
| Feature | Civil law | Criminal law |
|---|---|---|
| Purpose | Resolve private disputes and compensate the injured party | Punish and deter offenses against society |
| Who brings the case | The plaintiff (a person, business or agency) | The government, through a prosecutor |
| Name of the case | Smith v. Jones | State v. Jones or United States v. Jones |
| Burden of proof | Usually “preponderance of the evidence” (more likely than not) | “Beyond a reasonable doubt” |
| Possible outcome | Money damages, an injunction or another court order | Fines, probation, jail or prison |
| Right to a free lawyer | Generally no | Yes, if the defendant cannot afford one and faces jail |
| Jury verdict | Some states allow non-unanimous verdicts | Must be unanimous for serious crimes |
| Can it settle? | Yes, most civil cases settle | Often resolved by plea bargain |
What is criminal law?
Criminal law defines crimes and sets the punishments for them. When someone is accused of a crime, the government, not the victim, brings the case. A prosecutor, such as a district attorney or U.S. attorney, files charges, and the accused person becomes the defendant. As the federal judiciary explains, the government must prove every element of the crime beyond a reasonable doubt.
Crimes are usually divided into misdemeanors and felonies. Misdemeanors are less serious offenses, often punishable by up to a year in jail. Felonies are more serious and can lead to more than a year in prison. Common examples include:
- Theft, burglary and robbery
- Assault and battery
- Driving under the influence (DUI)
- Drug possession and distribution
- Fraud and identity theft
- Homicide
What is civil law?
Civil law covers disputes between private parties, including people, businesses and sometimes government agencies. The person who files the case is the plaintiff, and the person being sued is the defendant. According to the U.S. courts’ overview of civil cases, a civil case begins when the plaintiff files a complaint asking the court for relief.
Instead of punishment, civil law aims to make the injured party whole. For example, a court may order the defendant to pay money damages or to stop doing something. Common types of civil cases include:
- Personal injury claims, such as a slip and fall lawsuit
- Breach of contract
- Landlord and tenant disputes
- Divorce, custody and other family law matters
- Property disputes
- Class actions against companies
Key differences explained
Burden of proof
The biggest difference is how much proof is needed. In a criminal case, the prosecutor must prove guilt beyond a reasonable doubt, the highest standard in law. In contrast, a civil plaintiff usually only needs to show that their version is more likely true than not, called a preponderance of the evidence. Some civil matters, such as fraud claims in many states, use a middle standard called “clear and convincing evidence.”
Rights of the defendant
Criminal defendants receive extra constitutional protections. For instance, they have the right to remain silent, the right to a speedy and public trial, and protection against double jeopardy. In addition, a defendant who cannot afford a lawyer and faces jail time has the right to a court-appointed attorney. Civil defendants generally do not get a free lawyer.
Outcomes
A criminal conviction can lead to jail or prison, fines, probation, and a criminal record. A civil case, however, cannot send anyone to jail as punishment. Instead, the losing party usually pays damages or must follow a court order.
When one act leads to both cases
The same event can lead to both a criminal case and a civil case. For example, a drunk driver who causes a fatal crash may face criminal charges from the state. At the same time, the victim’s family may file a civil wrongful death claim with help from a wrongful death attorney. Because the burdens of proof differ, a person can be found not guilty in criminal court and still be held liable in civil court.
Double jeopardy does not block this, because it only bars a second criminal prosecution for the same offense. Similarly, refusing a chemical test under implied consent law can lead to a civil license suspension in addition to criminal DUI charges.
State and federal differences
Both civil and criminal cases can be heard in state or federal court. Most crimes are prosecuted under state law, but federal law covers offenses such as mail fraud, federal drug crimes and crimes on federal land. Likewise, most civil cases are filed in state court, while federal courts hear cases involving federal law or disputes between citizens of different states over more than $75,000. Each state also sets its own definitions of crimes, its own penalties and its own civil procedure rules.
Both civil and criminal law sit below the U.S. Constitution. Our guide to the supreme law of the land explains how the Supremacy Clause ranks federal and state law.
Conclusion: civil vs criminal law in short
Criminal law punishes offenses against society, and the government must prove guilt beyond a reasonable doubt. Civil law, by contrast, resolves private disputes, and the plaintiff usually must prove the claim is more likely true than not. Criminal cases can lead to prison, while civil cases usually end in money damages or a court order.
If you have been charged with a crime, talk to a criminal defense lawyer or ask the court about a public defender right away. If you have a civil claim as a claimant, a licensed attorney in your state can explain your options and deadlines. More explainers are in our Law section.
Frequently asked questions
What is the main difference between civil and criminal law?
Criminal law deals with offenses against society and can lead to punishment such as prison. Civil law deals with private disputes and usually leads to money damages.
Can you go to jail in a civil case?
Not as punishment for the claim itself. However, a judge can jail someone for contempt of court, for example for refusing to obey a court order.
Who files a criminal case?
The government files it through a prosecutor. The victim can report a crime and testify, but the prosecutor decides whether to bring charges.
Is divorce civil or criminal?
Divorce is a civil matter. It is handled in family court under civil procedure rules.
Can a civil case and a criminal case happen at the same time?
Yes. One act can lead to both, and the two cases run separately with different rules and burdens of proof.
Sources
- United States Courts: Civil Cases
- United States Courts: Criminal Cases
- U.S. Constitution, Fifth and Sixth Amendments
- Gideon v. Wainwright, 372 U.S. 335 (1963)
- Ramos v. Louisiana, 590 U.S. 83 (2020) (unanimous jury verdicts)
- 28 U.S.C. § 1332 (diversity jurisdiction)