Criminal Vs. Civil Charges

When a person commits a legal infraction, the result can mean criminal charges, civil charges or both. Civil offenses generally involve personal disagreements between people or companies. Criminal charges arise when an individual breaks the laws of society, although he may harm an individual as well.

Comparisons

• Criminal law involves offenses such as stalking, theft, drug charges, murder, fraud and sex offenses. Even if a victim does not wish to prosecute, the state may decide to pursue criminal charges. However, in civil cases, the victim must file a complaint in order for prosecution to occur.

Sanctions

• Penalties arising from criminal charges can vary greatly, depending on the jurisdiction and the severity of the charge. Incarceration, fines, community supervision, work order hours and rehabilitation, educational or vocational classes are all common results. When a person is convicted of civil charges, she must usually pay the victim.

Constitutional Rights

• Civil suits can also involve federal statutes or constitutional rights. Mismanagement of Social Security funds can result in a civil suit as can a violation of the right to an attorney or the right to be read Miranda Rights prior to arrest.