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What is the difference between civil and criminal law?

Practice area: Criminal Law · Reviewed 2026-09-22

Criminal law deals with offences against the public, prosecuted by the government and punished with fines, probation or imprisonment. Civil law resolves disputes between private parties and ends in money or a court order. The same incident can produce both cases, and the outcomes can differ because the standards of proof differ.

The main contrasts

  • Who brings the case. A prosecutor on behalf of the state or the United States, versus the injured party.
  • Standard of proof. Beyond a reasonable doubt, versus a preponderance of the evidence — more likely than not. Some civil matters use an intermediate clear-and-convincing standard.
  • Outcome. Punishment and a criminal record, versus damages, an injunction or a declaration of rights.
  • Right to a lawyer. Appointed counsel if you cannot afford one when liberty is at stake; in civil cases you pay for your own, with narrow exceptions.
  • Jury. Available for serious offences; available in many civil cases but often waived or unavailable in family and equity matters.

Why both can follow one event

A drunk driver may be prosecuted by the state and sued by the people they hit. An acquittal does not block the civil claim, because the civil plaintiff has a lower bar to clear. A conviction, on the other hand, often helps the civil case: many states treat it as conclusive proof of the underlying facts.

Procedure differs too

Civil cases have broad discovery — depositions, document demands, interrogatories — and most end in settlement. Criminal discovery is narrower and one-directional in important respects, and most cases end in a plea.

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This page explains general rules in the United States and is not legal advice. Deadlines and definitions differ by state, and only a licensed attorney can tell you how the law applies to your own situation.