What is the main difference between a criminal lawyer and a civil lawyer?

What are the main areas of expertise of lawyers, and why is it important to understand the distinction between them?

The legal world is broad and diverse, encompassing many different areas of expertise. Lawyers, like doctors, tend to specialize in specific fields in order to provide their clients with the best possible advice and representation. Among the main areas are criminal law and civil law, which are two separate and distinct branches in their purpose, conduct, and the type of cases they deal with. A thorough understanding of these differences is critical for you as potential clients, as it will allow you to choose the lawyer best suited to your specific legal problem. The right choice of lawyer, with knowledge and experience in the field relevant to your case, can significantly affect the outcome of the legal process.

What does a criminal lawyer do and what characterizes the criminal process?

A criminal lawyer is the professional you will turn to when you or someone close to you is involved in a suspicion or charge of a criminal offense. Criminal lawyers usually represent defendants or suspects in various criminal proceedings, from relatively minor offenses such as theft or assault, to serious offenses such as robbery, drugs, fraud, and even murder and sex offenses. It is important to know that the state, through the prosecution or the police, is also represented by criminal lawyers who serve as prosecutors.

The purpose of the criminal process is completely different from the civil process. Its main purpose is to protect public safety, deter potential offenders, and punish those who have violated criminal law. In criminal proceedings, the prosecuting party is always the state, not a private individual or other entity. The state, through its representatives, is the one that files the indictment against the defendant and manages the prosecution in court.

The possible sanctions in criminal proceedings can be severe and have far-reaching consequences for the defendant’s life. They can include actual or suspended prison sentences, high financial fines, community service, and even revocation of various licenses (such as a driver’s license or business license).

Criminal lawyers specialize in a wide range of issues related to criminal proceedings. They are familiar with the rights of suspects during a police investigation, accompany the client throughout all stages of the investigation and legal proceedings, negotiate plea bargains with the prosecution, represent defendants in court hearings, including the evidence and sentencing phase, and even file appeals against convictions or the severity of the sentence. They work to ensure the rights of the defendant and achieve the best possible outcome for him in the circumstances.

What does a civil lawyer do and what characterizes the civil process?

Unlike their counterparts in the criminal field, civil lawyers do not deal with offenses against criminal law. Their role is to resolve disputes and regulate legal relationships between individuals, companies, organizations, or other entities. When you encounter a financial dispute with another person, a company does not meet its obligations under a contract, you suffer damage to property or body as a result of negligence, or you need advice and representation in family, inheritance, or real estate matters – a civil lawyer is the right address for you.

Examples of common cases handled by civil lawyers include financial claims, neighbor disputes, tort claims for traffic accidents or medical malpractice, labor disputes between employees and employers, drafting and breach of contracts, handling family law such as divorce, alimony and custody, as well as inheritance and wills and real estate law.

The purpose of the civil process is different from the criminal process. Its main purpose is to restore the situation to its former state as much as possible, to compensate the injured party for the damages caused to him, to enforce contractual or legal rights, or to reach an agreed solution to the dispute between the parties. In civil proceedings, the plaintiff is usually a private individual, company, or other organization, and he sues the other party (the defendant) directly.

The possible sanctions in civil proceedings are also different from criminal proceedings. Usually, the main sanction is a monetary compensation ruling from the losing party to the winning party, but the court can also issue various orders, such as an injunction (prohibiting a certain party from performing any action) or a mandatory injunction (requiring a certain party to perform any action), as well as enforce the fulfillment of contracts. Civil lawyers provide their clients with ongoing legal advice, negotiate settlements, draft and cancel contracts, file claims and various requests to the court, and represent their clients in legal proceedings and even in mediation and arbitration proceedings.

What are the main differences between a criminal lawyer and a civil lawyer in terms of the level of proof and the parties involved?

As you have understood so far, the differences between a criminal lawyer and a civil lawyer are not limited to their areas of practice. There are other significant differences that are important to know, especially regarding the level of proof required in court and the identity of the parties involved in the proceedings. This understanding will help you better distinguish between the difference between a criminal lawyer and a civil lawyer.

One of the most significant differences lies in the required level of proof. In criminal proceedings, the burden of proof on the prosecution (the state) is very high. The prosecution must prove the defendant’s guilt “beyond a reasonable doubt.” This means that the court must be absolutely convinced, almost without any doubt, that the defendant did commit the offense attributed to him. This proof threshold is designed to protect the rights of the defendant and prevent false convictions, given the possible severe sanctions in criminal proceedings, including imprisonment.

In contrast, in civil proceedings, the required level of proof is lower and is called “balance of probabilities.” In this proceeding, the plaintiff must prove that his claims are true with a probability of more than 50%. That is, it is enough for the court to be convinced that the plaintiff’s version is more reasonable or more probable than the defendant’s version in order to rule in favor of the plaintiff. This proof threshold reflects the fact that civil proceedings usually deal with financial or other disputes between individuals, and their consequences are usually less dramatic than in criminal proceedings.

Another significant difference is in the identity of the parties to the proceedings. In criminal proceedings, the parties are always the state versus the defendant. The state, as mentioned, is the plaintiff and represents the public interest, while the defendant is the person accused of committing the offense. In civil proceedings, on the other hand, the parties are usually two private entities – a private individual, a company, an association, and so on. One party is the plaintiff, who claims that his rights have been violated, and the other party is the defendant, who allegedly violated the plaintiff’s rights.

How can the differences be summarized and make an informed decision in choosing a lawyer?

As we have seen, the main difference between a criminal lawyer and a civil lawyer lies in the areas of practice, the purpose of the proceedings, the identity of the parties involved, and the required level of proof. A criminal lawyer deals with criminal charges on behalf of the state and sanctions that may include imprisonment, while a civil lawyer handles disputes between individuals or entities and his goal is usually monetary compensation or enforcement of rights.

Choosing the most suitable lawyer for your case is critical. A lawyer with expertise and experience in the legal field relevant to your problem will know how to provide you with the best professional advice and legal representation. Therefore, if you are facing a legal matter, whether criminal or civil, the first and most important step is to seek legal advice. A lawyer will be able to examine the details of your case, explain your options to you, and recommend the most appropriate course of action for you. Do not hesitate to contact a lawyer specializing in the relevant field to ensure that your rights are protected and that your interests are properly represented.