What is the Difference Between Civil and Criminal Law in Florida?
Key Takeaways
- Some Florida residents don’t understand what differentiates civil from criminal law.
- While the legal practices are widely different, law firms can easily handle both civil and criminal law cases.
- Criminal law focuses on protecting the public, punishing wrongdoers, and deterring criminal activity.
- Civil law is designed to settle disputes between parties and secure compensation for the aggrieved party when warranted.
- Family law is a component of civil law that prioritizes dispute resolution.
- Attorneys at Cowhey + Ward in Tallahassee specialize in criminal law and in successfully resolving civil family law cases.
Some clients who consult with the lawyers of Tallahassee’s C&W Attorneys at Law are surprised that the firm combines the practice of criminal and family law. When a client asks why our firm practices in both areas, we respond that many law firms offer legal services in multiple practice areas to address diverse client needs. In some cases, having dual practice area expertise can prove convenient for a client, as their situations may involve the intersection of criminal and civil law. For example, when a family civil law case intersects with criminal law breaches like domestic violence, child abuse, or restraining order violations.
When responding to such questions, we often must also delve into the distinctions between civil and criminal law. While most Floridians have a basic understanding of criminal law, many are unfamiliar with the nuances of civil law. For example, some clients don’t know that family law is a subfield of civil law and is a separate practice.
With interest in educating our clients and the public about all aspects of the law, let’s further examine the difference between civil and criminal law in Florida.
Key Differences Between Civil and Criminal Law in Florida
According to the Florida Bar, a primary difference between civil and criminal law is that civil law addresses disputes between individuals and/or organizations. In contrast, criminal law involves governmental action against those who break the law. The primary objective in civil law is to legally settle disputes and secure damages for the aggrieved party when warranted. In criminal law, the government’s aim is to punish those who break the law, with a public service goal of preventing the wrongdoer from committing potential future harm and to deter others from committing similar illegal acts.
In civil law, the legal action is typically initiated by an aggrieved party, such as a person injured by the negligence of another or someone who’s lost money due to a company’s breach of contract. During legal proceedings, the aggrieved party is referred to as the “plaintiff,” who is suing the “defendant.” In family law civil cases, such as divorce, the family member who initiates the action is referred to as the “petitioner,” while the other party becomes the “respondent.” This distinction is made because family law addresses issues that are not necessarily related to wrongdoing by one party, and family law courts strive to reach amicable resolutions.
While a victim might report a crime to the police, in criminal law, the government initiates legal actions against “defendants” at the behest of a government prosecutor or a grand jury. The State of Florida or the U.S. government serves as the plaintiff, depending on whether the defendant has been charged with state or federal offences. A victim’s role in criminal cases is generally restricted to serving as a government witness.
Other key differences between civil and criminal law include the burden of proof and the outcomes of cases.
Differing Burdens of Proof Between Civil and Criminal Law
In civil suits, to reach a successful conclusion, the plaintiff must present enough evidence to reach a legal “preponderance of evidence” threshold. Under this threshold, a judge or jury weighs the evidence presented by the plaintiff and defendant, ruling in favor of the one with stronger evidence. Many family law cases don’t reach this stage, as the parties, with the help of the court, resolve their differences through negotiations or mediation.
The plaintiffs (government) in criminal cases must meet a higher “beyond a reasonable doubt” threshold to prove their cases against a defendant. This higher standard is used in criminal law because defendants are presumed innocent until proven guilty and because the potential loss of freedom stakes are more severe than they are under civil law.
Potential Case Outcomes in Civil Versus Criminal Law
When a civil or criminal court rules in favor of the defendant, the case is over, and they are free to go without suffering any penalties or damages. In some civil cases, the plaintiffs may even be ordered to pay the defendant’s legal fees.
Defendants found guilty in criminal trials face potential jail or prison terms, fines, probation, and possible payment of restitution to victims. Defendants deemed responsible in civil trials face possible imposition of monetary damages, punitive damages, and other compensation. Depending on the type of civil dispute, courts may also order them to take specific actions to prevent similar legal disputes from arising in the future. For example, an injunction ordering a company to quit manufacturing a piece of equipment deemed responsible for injuring the plaintiff in a case.
Civil actions in family court are more focused on resolving the dispute than they are in compensating an aggrieved party. While damages are not imposed in family court decisions, some defendants may feel like they are being punished due to court-ordered property divisions, alimony, child support, and custody decisions.
C&W Specializes in Criminal and Family Law in Florida
The skilled attorneys at C&W specialize in criminal law and family law within the context of civil law. We strategize aggressive defenses for our Tallahassee-area clients facing criminal charges and have established a stellar reputation for successfully guiding clients through dispute resolution in family court. Whether you’re seeking outstanding legal help to defend against criminal charges or to help resolve family-oriented strife, contact Tallahassee’s C&W at (850) 222-xxxx.
FAQs: Difference Between Criminal and Civil Law in Florida?
Q: I know I’ll probably go to jail if I don’t attend a criminal trial, but what happens when someone doesn’t respond to a civil lawsuit?
A: Failing to respond to a civil lawsuit complaint can lead to a default judgment, in which the court will rule in favor of the plaintiff, leading to possible imposition of damages and injunctions.
Q: Can a person be embroiled in civil and criminal cases at the same time due to one incident?
A: Yes, someone charged with domestic assault in criminal court may also be petitioned to family court to address a civil law issue, such as child custody or a restraining order. Likewise, someone charged for DUI causing injury can face a civil lawsuit from the victim to recover damages.
Q: Can the outcome of a criminal case affect the result of a related civil case, and vice versa?
A: Yes, evidence used in either a civil or criminal case may be used in any related case. However, evidence rules may restrict the usage of certain types of evidence, such as hearsay
Q: If I’m fighting related criminal charges and a civil suit at the same time, can one attorney handle both?
A: It’s possible, but we recommend that clients seek legal guidance from attorneys who distinctly practice one or the other. At Cowhey + Ward, we have specialists who practice criminal law and the family law branch of civil law.