The Difference between Criminal and Civil Matters in New Jersey
You’ve suffered some type of loss or injury because of the wrongful act of another person. How do you get relief? Were their actions such that they should be criminally prosecuted? Is your only remedy to file a lawsuit to get compensation for your losses? Are there situations where an act may be both a crime and a civil wrong?
The Basic Differences between Crimes and Civil Wrongs
The wrongful acts of someone can generally be categorized two ways—criminal violations and civil wrongs. As a general rule, all civil wrongs other than breach of contract are referred to as torts. In this blog, we will look only at the differences between crimes and torts. Here are the fundamental differences:
- The parties—Because a criminal act is considered to be a wrong against society, a criminal prosecution will only be brought by the state (local, state or federal government). The defendant may be an individual and may occasionally be a business entity. With a tort, the party bringing the lawsuit is typically a private individual, while the defendant may be another private individual, a business or a governmental entity.
- The sanctions—With a tort, a party who successfully brings a lawsuit will be entitled to “damages,” monetary compensation for losses. In a criminal prosecution, the penalty may include incarceration, fines (which are payable to the state), restitution, community service and, in some states, the death penalty, based on the type of offense.
- The source of the law—Crimes are identified entirely by statute, written laws enacted by legislative bodies. Accordingly, an act will only be considered criminal if the U.S. Congress, a state legislature or a municipal governing body passes a law making the act illegal. Torts, as a general rule, are set forth in the “common law,” established over centuries in the opinions of judges.
- The burden of proof—In a criminal proceeding, the prosecution must typically establish guilt beyond a reasonable doubt. In a civil lawsuit, the plaintiff (party filing the lawsuit) must only show that his or her version of the facts is more believable than the defendant’s—what is referred to as “the weight” or a “preponderance” of the evidence.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.
