The law differentiates between the criminal and the civil cases. Often the former is said to be harsher and stringent than the latter. But, a question may arise as to how to determine whether a particular act is criminal in nature or it has civil repercussions. Generally, a criminal case will arise if the legislatures have enacted a law labeling some of the acts as criminal and hence, requiring punishment. Civil cases, on the other hand, arise due to disputes over rights and duties of the parties involved. Some of the basic premises on which any criminal attorney can differentiate between the criminal and civil cases are the following:

1. Who is initiating the case? : If the case is civilian in nature than it will be the aggrieved party which will be initiating the case. But, in the criminal cases, it is the prosecutor who initiates the case. The prosecutor, in a criminal case, may or may not agree with the aggrieved party on the filing or non-filing of charges. So, he controls the case initiation.

2. Nature of punishment: The civilian cases do not, generally, result in the jail term. There is one exception that if there is a contempt of court in a civil case, then there can be a jail term awarded to the offender. They involve the monetary penalties and damages to be paid to the victim. But, any criminal attorney can tell that the criminal cases can also lead to imprisonment upon conviction.

3. Representation: In a criminal case, the government-paid criminal defense attorney can be arranged for the defendant if he requires one. Whereas, in a civil case, the parties arrange their respective lawyers on their own.

4. Proof of guilt: The burden of proof, that the defendant is guilty, is more stringent on the prosecutor in a criminal case. Criminal law requires him to prove defendant’s guilt ‘beyond reasonable doubt’. Whereas, in a criminal case, only a ‘preponderance of proof’ is sufficient to establish the guilt. So, in the civil cases, one does not has to dig that deeper to prove guilt.

What is the situation if the actions of a person make him liable for both civilian as well as criminal charges? The answer is simple: there will be two separate cases brought on him, civil and criminal. So, whenever you are in a fix about the nature of the law associated with some wrongful act either done to you or by you, it is better to consult a criminal attorney to know the same.