Difference between criminal law and civil law and the basic types of crimes

What distinguishes criminal law from civil law?

In criminal law, society - in the form of a government - brings an action against an individual for wrongful conduct. The purpose of a criminal action is punishment or societal retribution against those who have violated laws. In civil law, one party sues another for monetary damages or some other form of noncriminal relief. The purpose behind most civil law actions is compensation.

An individual's liberty is at stake in a criminal action brought by a government. In civil law, one party sues another, seeking not confinement but usually monetary damages.

For example, State v. Hudson is a hypothetical criminal case where the state brings criminal charges against Hudson. Jones v. Hudson is a hypothetical civil case in which the party named Jones sues the party named Hudson. Criminal law cases are governed by rules of criminal procedure, while civil law cases are governed by the rules of civil procedure.

Perhaps the most important difference between criminal and civil law concerns the different burdens of proof. In a criminal case the prosecution has to prove that the defendant committed the crime beyond a reasonable doubt - a very high standard. In a civil case the normal standard is simply preponderance of the evidence, which means more likely than not.

What are the basic types of crimes?

Crimes are divided into three basic categories: (1) felonies, (2) misdemeanors, and (3) infractions. Felonies are the most serious offenses that lead to longer-term confinement. The basic rule is that any crime from which a person can serve a year or more in jail is a felony.

Misdemeanors are less serious criminal offenses for which the person usually receives a fine or a jail term of less than a year. Finally, infractions are very petty crimes - generally at the local level - for which a person usually only has to pay a fine and not serve any jail time. Many states further subdivide felonies and misdemeanors into different classes.

What are the legal results of a felony conviction?

Obviously, a person convicted of a felony will be imprisoned for a certain amount of time. Furthermore, some states have so-called "three strikes laws" where a third felony conviction could lead to a life sentence even if the specific crime in question in isolation called for a much shorter sentence.

But, there are collateral consequences of a felony conviction that attach to a person after he or she has served his or her sentence. These collateral consequences vary from state to state. In many states, a person convicted of a felony cannot vote, cannot serve on juries, or own a firearm.

They may not be able to hold down certain jobs or engage in certain professions. As a practical reality, it is much more difficult for a person convicted of a felony to obtain a job than for someone who does not have such a serious criminal record. All of these are reasons why if a person is charged with a crime, he or she should consider any agreement with the prosecution that would require them to plead guilty only to a misdemeanor.

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