On the surface, the distinction between civil and criminal law may not be readily apparent. Both address some type of wrongdoing of one kind or another, yet each represents a separate area of the law that seeks distinct results and is therefore handled differently by criminal and civil trial lawyers in College Station TX. It would be helpful to understand the differences between the two in order to know what options are available to any person facing the results of another person’s actions.
Breaking the law is breaking the law; however, whether an action is handled under civil or criminal law depends on the law that has been broken and individual circumstances. Although the law may have been broken in both actions, how guilt is determined and what punishment is given is very divergent.
- Determination of Guilt – Guilt in civil law is based upon the presentation of evidence by the plaintiff or person bringing the action, such proof showing evidence of guilt based on the preponderance of evidence presented. With criminal law, evidence is presented by a governmental representative and it must show guilt beyond a reasonable doubt to be successful.
- Punishment – Punishment also differs between the two involved areas of law. Civil punishment seeks compensation and is based upon making the wronged person right, typically involving some type of compensation for the damage or harm that was done as a result of the other party’s actions. Criminal law seeks punishment for the offense against the person who committed the act, either by imprisonment or fines or both. It also seeks by such punishment to deter such actions as occurring again and potentially reforming the wrongdoer.
- Handling – Another difference between civil and criminal law is that criminal actions are filed and handled by the state or federal government; criminal actions are filed by personal attorneys on behalf of a person who believes that they were wronged by another person. Civil cases could involve theft, divorce, child custody, property damage and many others. Criminal cases would include theft, robbery, assault, and murder to give a few examples.
When representing clients who have faced the results of someone’s act of wrongdoing that may have violated an existing law or regulation, the biggest challenge for civil trial lawyers in College Station Texas is to offer adequate proof that the crime happened and that it occurred as a result of the actions of the person against whom a lawsuit has been filed. It is not unusual for some actions to result in both criminal and civil charges and cases. Of course, each action would be handled separately from the other one by different prosecutors and in different courts of law.
Helping clients to understand such differences is an important part of the work of civil trial lawyers in College Station TX. A lot of confusion exists with many people between civil and criminal law, so the help of a legal expert to sort it all out is very beneficial to a person already facing the results of someone’s actions. The best advice is to let an attorney handle the case and the courts of law determine the results.
Call Hoelscher, Lipsey, Elmore & Poole – Civil Trial Lawyers in College Station !
Do you need to find civil trial lawyers in College Station TX? Call Hoelscher, Lipsey, Elmore & Poole, P.C. at (979) 846-4726 for help with your legal issues!