When a crime is perpetrated, the accused criminal can be legally pursued in two ways: through criminal proceedings and a civil trial. But what are the differences between civil and criminal court? If you are the victim of a Florida crime, what’s the option that best protects your rights?
The basic difference between a criminal and civil case is that a criminal case is pursued by the state, while a civil case is pursued by the victim. Thus, a criminal case will be entitled “The State of Florida versus [name of accused],” while the civil case will be entitled “John Doe versus [name of accused].” As such, the state doles out the punishment for and reaps the rewards of a criminal conviction (i.e., they punish the criminal with prison time or fines) in a criminal trial. In a civil trial, the plaintiff who brings the suit benefits from a favorable verdict and can receive monetary crime victim compensation for their losses.
One of the key differences between civil and criminal cases is in the burden of proof. In a criminal case, the prosecutor must prove beyond a reasonable doubt that the criminal is guilty of the accused acts. In a civil case, a standard called “greater weight of evidence” prevails. Think of the scales of justice: the job of the attorneys for both sides in a civil lawsuit is to tip the scales in their client’s favor. Even if the jury only finds a 51 to 49 percent advantage, the side with more evidentiary “favor” wins the lawsuit. Generally, civil lawsuits are far easier to win than criminal lawsuits due to this more relaxed evidentiary standard.
While penalties in a criminal lawsuit usually include imprisonment and/or fines, a civil lawsuit can generate damages payable directly to the plaintiff. These damages may be for calculable losses, such as medical expenses or lost wages related to the crime, or for non-calculable losses such as pain and suffering or loss of spousal relations. Punitive damages, which punish the criminal and provide a disincentive for others to commit the same crime, can also be sought in a civil case. Criminal cases can generate restitution payable to the victim, but this is up to the judge and the victim may not have an opportunity to present a case as to why financial restitution is necessary. Therefore, it’s a good idea to file a civil lawsuit if you want restitution because a criminal case alone does not determine payment to the crime victim.
Overall, civil cases are more beneficial to crime victims. Even if a defendant is found not guilty in a criminal case due to the higher burden of proof, they may be found liable in a civil case. A victim has more rights when they bring a lawsuit themselves, and may seek justice, accountability and compensation for what they have endured.
If you are considering filing a civil case related to a crime in Florida, seek out an experienced attorney who is amenable to victims’ cases. The statute of limitations for filing a civil lawsuit begins to run out as soon as the crime is perpetrated, so time is of the essence. The court system is complex and the legal requirements confusing, so it’s a good idea to protect your rights with excellent legal representation that can help ensure you get compensated for the crime committed against you. Looking for a quick referral to an experienced Florida crime victims’ attorney? Use the link on this page to obtain a free, confidential legal consultation today.
