Civil vs. Criminal Cases
Mobile, and Baldwin County, Alabama
For the average person, the distinctions and differences between Civil and Criminal Law can be confusing. You likely are familiar with the sensationalized criminal trials seen on television, but may know less about the rules, procedures and penalties involved in civil cases. Even more baffling is when our system of justice allows both civil and criminal actions to be brought against a defendant. This commonly happens with auto accidents that involve personal injury or property damage to another individual (a civil case) and also drug or alcohol violations (a criminal case).
Simply stated, civil cases involve private disputes between individuals or organizations, while criminal cases involve an action considered harmful to society as a whole. The basis for civil law is upon both a published code of statutes and court precedents, while criminal cases are based upon decisions of the courts.
If you or a family member has been involved in a collision, the accident attorneys/lawyers at Long & Waite in Mobile can help you with those types of civil matters, but would not be able to help you prosecute the offender in a criminal procedure.
Types of Civil and Criminal Cases
Three levels of civil trial courts are available for filling an action: Small Claims, District Court, and Superior Court. The types of civil cases heard are:
- Domestic – divorce cases, child support and custody cases, etc.
- Contract Issues – disputes over an agreement, which typically involves payment of money for goods or services
- Personal Injury – common civil actions involve an incident like an automobile accident
In a criminal case, the prosecutor will file the case instead of the victim. A few examples of criminal cases involve:
- Violent Crimes – kidnapping, manslaughter, armed robbery, etc.
- Drug and Sex Crimes – drug trafficking, drug transportation, child abuse, sexual assault, etc.
- White Collar Cases – fraud, forgery, extortion, bribery, etc.
- Other Crimes – aiding and abetting, burglary, hit and run, stalking, etc.
- Appeals/Post Conviction Relief – appeals, change of pleas, sentence reversals, etc.
Punishment Distinctions
The distinctions between civil and criminal law is most evident in the notion of punishment.
Unlike in a criminal case, if the defendant loses the case, he will never be incarcerated or executed. However, he will be expected to reimburse the plaintiff for damages that were incurred by the defendant’s behavior. Criminal cases will fall into two classes: felonies and misdemeanors. The guilty defendant in a criminal trail will be punished by:
- Jail or prison term
- Fines paid to the government
- Execution of the defendant
Representation for your Civil Case
If you or a loved one needs advice, assistance and trial representation for your civil case that involves personal injury or property damage, please call our accident attorneys/lawyers today at Long & Waite in Mobile, Alabama. We can help you gain the compensation you deserve and will never charge a fee, unless you collect.
Click here to contact us today.