Civil law and criminal law are two distinct bodies of law where each has different laws and subsequent punishments. Civil law handles things like household conflicts, damage of property, breach of contract (contract law) and fraud. Criminal law handles crimes such as assault, embezzlement, driving under the influence and murder.Divorce lawyers, bankruptcy lawyers and corporate lawyers generally deal with civil cases. They do not punish the wrong doer, however he or she will suffer a certain loss while the defendant is given a certain compensation.
Domestic violence lawyers Sydney can be dealing with either civil or criminal law. Generally it is considered as a civil offense. In this case if the victim does not press charges the assault case goes unnoticed. Due to this reason in most countries domestic violence is considered as a criminal offense. The offense is then prosecuted.
Criminal lawyers and assault lawyers Parramatta handle criminal cases such as kidnapping, identity theft, child pornography, sexual assault and robberies. This is the broad idea of what civil and criminal laws embody, the more detailed differences can be broken down as per the following.
The purpose of civil law is to settle disputes inside organizations and household and provide compensation to the parties adversely affected. Criminal law seeks to punish crimes and those responsible for it.
Civil law is fluid, if the judge is compassionate he or she can deviate from a harsh compensation to a lesser one. In criminal law the defendant is convicted if the jury is unanimous on the decision.
Civil cases are filed by a private party where as criminal cases are filed by the government.
The judge makes the final decision on whether the accused is guilty in civil law. In criminal law the jury decides whether or not the defendant should be convicted.
If sufficient evidence is present in a civil case the offender will be punished. In criminal law even when there is sufficient evidence they need to be proven without a single doubt. If a single doubt is present they will not be able to convict the defendant even if he has committed murder.In a civil case one party is assumed to be truthful and is given the benefit of the doubt and the other side has to endure the “burden of proof”. This burden shifts according to the proof provided. Criminal law considers the defendant to be “innocent until proven guilty”.
The punishment given for civil cases is generally a compensation for the damage caused. In criminal law however the defendant, if found guilty, is punished. These punishments include imprisonment, community service and death penalty.
Both parties can appeal the court’s decision in civil law and in criminal law only the defendant may appeal.