Criminal law and civil law are very distinct areas of law, each with their own rules and procedures. This article is a brief explanation of the difference between a civil case and a criminal case in Tulsa, Oklahoma.
Criminal Law vs. Civil Law in Tulsa, Oklahoma
Criminal law involves prosecuting those who have broken the the law. For example, a person may be prosecuted by the state and sentenced to time in jail and a monetary fine for committing an act such as theft, assault, or murder.
On the other hand, the objective of civil law is to allow individuals or legal entities to seek compensation from other individuals or legal entities for losses they have sustained as a result of that person’s or entities’ wrongful conduct, or to have that conduct ordered to cease.
For example, a driver injured in an auto accident may bring a civil suit against the other driver(s) that caused the accident to receive compensation for medical expenses, lost wages, damage to the automobile, as well as for pain and suffering.
Another difference between a criminal case and a civil case is in how they are initiated. A criminal case is initiated by the state prosecutor, who will decide independently, or by use of a grand jury, whether or not charges will be filed against you. It will then be the prosecutor’s responsibility to prove beyond a reasonable doubt that you are guilty of the crime as charged.
A civil case is initiated by an individual or entity and their lawyer(s). They are then responsible for proving to the court, by a preponderance of evidence, that they have experienced a loss due to your wrongful conduct and that you are liable to compensate them or refrain from the conduct in question.
A Criminal Case vs. a Civil Case in Tulsa, Oklahoma
In criminal cases, your freedom is at stake because the government can put you in jail if found guilty of some conduct that is criminal in nature. In a civil case, you may be ordered to compensate someone else, financially, for some wrongful conduct on your behalf.
What can be confusing is that the government can also be a plaintiff in a civil suit, such as in the case of certain “class action” lawsuits, where the government sues corporations for compensatory damages on behalf of the general public. Likewise the government can also be a defendant in a civil suit, whereby the government is being sued by an individual or corporation for some negligence on its part.
So, the real question is whether there is money or a person’s freedom at stake. If your freedom is at stake, it is a criminal case. If the case is just one in which you will have to pay money to another, or be ordered to do or refrain from doing something, it is a civil case.
While each case is unique and results in your case depend on your individual circumstances, the criminal attorneys at Wirth Law Office – Tulsa have a solid track record of winning dismissals, acquittals, and legal victories for clients.
To discuss your specific case, contact a skilled Tulsa criminal attorney for a free consultation and case evaluation. Call today — 918-256-3400.