When legal disputes arise, they typically fall into one of two broad categories: civil cases and criminal cases. While both involve court proceedings and legal rules, these two types of cases differ significantly in their purpose, process, and consequences. Whether you’re involved in a lawsuit, facing criminal charges, or just trying to understand the legal system better, it helps to know how civil and criminal cases work in Oklahoma.
Purpose of the Case
The most basic difference lies in what the case is trying to achieve:
- Criminal cases are filed by the government to punish individuals for breaking the law. The goal is justice and public safety. If convicted, the defendant may face jail time, fines, probation, or other penalties.
- Civil cases are usually disputes between individuals or businesses over legal duties or rights. The goal is compensation or resolution of a conflict—not punishment. Common civil cases include contract disputes, personal injury claims, and divorce proceedings.
Who Files the Case?
In a criminal case, the state or federal government files charges against the defendant. The prosecutor represents the government and seeks to prove the defendant committed a crime. In a civil case, the person or business harmed by the alleged conduct (the plaintiff) files the case against another person or business (the defendant). There is no prosecutor in civil litigation.
Standard of Proof
The burden of proof is higher in criminal cases:
- In criminal cases, the prosecution must prove the defendant’s guilt beyond a reasonable doubt—the highest standard under the law.
- In civil cases, the plaintiff only needs to prove the case by a preponderance of the evidence, meaning it is more likely than not that the claim is true.
Potential Outcomes
- Criminal cases can result in:
- Jail or prison time
- Probation
- Fines
- A criminal record
- In some cases, loss of rights (e.g., voting, firearm possession)
- Civil cases typically result in:
- Monetary damages
- Court orders requiring or prohibiting certain actions (injunctions)
- Settlements agreed upon by both parties
The defendant in a civil case will not go to jail as a result of the lawsuit, even if they lose.
Legal Representation
In criminal cases, a defendant has the constitutional right to an attorney. If they can’t afford one, the court must appoint a public defender. In civil cases, each party must usually hire their own attorney. The court does not appoint free legal counsel.
Can a Case Be Both Civil and Criminal?
In some situations, the same incident can lead to both criminal and civil proceedings. For example, if someone is arrested for assault, the state may file criminal charges, and the victim may also file a civil lawsuit seeking compensation for medical bills and emotional distress.
Our Wagoner Attorneys Can Help
Whether you’re involved in a civil or criminal case in Oklahoma, having experienced legal representation makes all the difference. Whether you’re facing a civil or criminal trial, our attorneys at Wagoner Attorneys at 918-283-7394 for a free consultation. Or you can follow this link to ask a free online legal question.
