Criminal vs. Civil Charges

There are certain important differences between criminal charges and civil charges in court cases. Understanding the difference between the two is important if you have been accused of a crime or been served papers in a civil suit. Both types of charges are recorded on your record, and both types carry penalties and punishments for breaking the law.

Definition of Criminal Charges

Criminal charges are known as indictments and describe the crimes committed by the accused person. These charges include a detailed description of the time and place of the crime and how it was committed. Besides the more obvious crimes of murder, rape, kidnapping, and arson, criminal charges can be brought for burglary and theft, fraud, driving offenses (especially driving under the influence of drugs and alcohol), prostitution, and trespassing. There are thousands of crimes which might cause criminal charges to be brought against a person.

In the United States, for instance, criminal charges are often brought before a grand jury who decides whether or not there is enough evidence to hold a trial. Grand juries are used in the most serious crimes. Most courts will hear both felony and misdemeanor cases without involving a grand jury.

Definition of Civil Charges

Civil charges almost always involve money or damages being sought by one party against another. In civil cases, the accused person may or may not have been arrested, but he or she has committed some type of wrongdoing which has damaged the other party. Wrongful death suits are an example of civil charges, along with breach of contract, disputes over loans or property, and any other accusations of violating civil laws. A divorce is considered a civil proceeding.

Punishments and Penalties

If a person is convicted of criminal charges, he or she may have to spend time in jail or under some other kind of supervision by the court, such as home confinement or probation. Fines and fees are paid to the court, sometimes amounting to thousands of dollars. The court may decide that the person who is convicted of the crime should pay money to the damaged party, but this type of judgment is usually handled under civil charges and lawsuits.

A person who is convicted of civil charges will usually be ordered to pay monetary damages to the person who brought the suit. The judge or jury will decide how much money should be paid unless the parties settle the civil dispute themselves. If convicted of civil charges, the defendant’s bank account may be seized, his or her wages may be garnished, or liens against valuable property may be put in place. Defendants may be put in jail for contempt of court if they do not pay the damages.

Resources

To find out more about the difference between criminal charges vs. civil charges, visit

http://vantech.vsb.bc.ca/ss/pm/law12/online/foundations1/criminal_civil%20law.htm

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