The legal system can be complex, with various types of charges and penalties in place for those who do something wrong. Federal, state, and local laws are in place to ensure that people do not harm others through their actions. These laws generally provide for criminal penalties such as a jail sentence and more. Sometimes, a person may cause harm to another, even when the action is not considered a crime. It is helpful to understand the differences between criminal and civil liability as well as the overlap that may occur in some situations.
Criminal Charges
Criminal charges occur when law enforcement determines that a crime has occurred. Crimes are defined by federal, state, and local laws. When a person breaks the law, they may be subject to criminal arrest and the subsequent legal process. It is important to note that in order to prove criminal charges, the government must be able to prove guilt beyond a reasonable doubt. Reasonable doubt is the highest standard of legal proof. In a criminal procedure, the government must prove to a jury or judge that the defendant is guilty and that there is no other reasonable explanation for the occurrence.
Criminal Penalties
The law defines penalties for those convicted of criminal charges. The penalties depend on the severity of the crime. Misdemeanors usually have lower consequences than felony convictions. Sentences are imposed by a judge either after a trial finding of guilt or when a defendant pleads guilty. Judges may have some leeway to impose penalties based on the law while taking into account mitigating and aggravating factors. Criminal penalties are only in relation to a criminal conviction and do not apply to civil cases.
Civil Liability
Civil liability is when a person is responsible for damages that they caused, often due to their negligence or other acts. When someone suffers damages caused by another, they have the ability to file a claim in civil court. The lawsuit may request compensation for costs associated with the injuries or damages, which may be economic, non-economic, or punitive. You must prove that you suffered damages caused by someone’s negligence. The burden of proof in a civil case is “a preponderance of evidence,” which is a lower standard than in a criminal case.
Can A Crime Result in Both Criminal and Civil Penalties?
In some cases, a criminal act may result in both criminal and civil penalties. For example, if a person were found guilty of a crime of assault, they may face a criminal sentence. At the same time, the victim of the assault may elect to file civil charges against the person to recover damages. This does not violate the rule of double jeopardy because that applies only to trying someone in criminal court for the same crime. If you are charged with a crime, you will want to vigorously defend the charges.
To learn more about criminal charges and to seek legal representation, contact us at Arnold & Smith, PLLC, at (704) 370-2828 to speak to our legal team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/damages
https://www.law.cornell.edu/wex/beyond_a_reasonable_doubt
Image Credit:
https://www.freeimages.com/photo/fashion-accessory-metal-silver-platinum-1968841
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