Last reviewed on April 27, 2026.
"Civil" and "criminal" are the two main tracks the US legal system runs cases on. Most everyday legal news mixes the two — a defendant might be charged criminally and sued civilly for the same underlying conduct, on parallel timelines, in different courthouses, by different lawyers. They feel the same from the outside, but they are governed by different rules and answer different questions. Knowing which track a case is on tells you who can sue, what they have to prove, what they can win, and what protections the defendant gets.
The big picture in one paragraph
A criminal case is the government accusing someone of breaking a law. The remedy is punishment — a fine paid to the state, probation, jail, or prison. A civil case is one private party suing another (or sometimes suing the government) over an alleged wrong. The remedy is private — almost always money, sometimes a court order to do or stop doing something. The same incident, like a bar fight, can produce both: the prosecutor charges assault; the victim files a personal-injury suit for medical bills and pain and suffering. The verdict in one does not bind the other.
Side-by-side comparison
| Question | Criminal | Civil |
|---|---|---|
| Who brings the case? | The government — federal, state, or local prosecutor — on behalf of "the people." | A private plaintiff (a person, business, organisation, or sometimes a government suing in a private capacity). |
| Who is the defendant? | A person or, less often, a corporation accused of violating a criminal statute. | Anyone the plaintiff sues: a person, a business, a government agency. |
| What does the case decide? | Whether the defendant is guilty of the charged offence. | Whether the defendant is liable for the harm the plaintiff alleges. |
| Burden of proof | Beyond a reasonable doubt. | Preponderance of the evidence (more likely than not). A few civil claims, like fraud or punitive-damages findings, may require "clear and convincing evidence." |
| Right to a jury | For serious offences, guaranteed by the Sixth Amendment. | For most claims at law involving more than $20 in dispute, guaranteed by the Seventh Amendment in federal court (and parallel state provisions). |
| Right to appointed counsel if you cannot afford one | Yes, when jail is a possible outcome (under Gideon v. Wainwright). | No, with narrow exceptions (some family-law and immigration matters, depending on jurisdiction). |
| Remedy | Imprisonment, fines paid to the state, probation, restitution, community service, sometimes loss of rights (firearms, voting, professional licences). | Damages (compensatory, sometimes punitive), injunctions, declaratory judgments, specific performance. |
| Plea / settlement? | Plea bargain — guilty or no-contest plea, often to a reduced charge. | Settlement — usually a payment in exchange for a release of claims. |
| Self-incrimination | Defendant cannot be compelled to testify against themselves. | A party may be compelled to answer, though they can sometimes invoke the Fifth Amendment in a civil case if their answer could expose them to criminal liability. |
Why the burden of proof is the headline difference
"Beyond a reasonable doubt" is the highest standard the legal system uses. It is not a fixed percentage, but it is much harder to meet than "preponderance of the evidence" — sometimes summarised as 51% confidence. That single difference explains how a defendant can be acquitted in a criminal case and still lose a civil case based on the same facts. The classic example is a defendant who is found not guilty of homicide and later held liable for wrongful death; the criminal jury was not convinced beyond a reasonable doubt, but the civil jury was convinced more likely than not.
Procedural texture
The two systems share some choreography (filing, discovery, pre-trial motions, trial, appeal) but the rules differ in important ways:
- Charging vs. complaint. Criminal cases begin with an indictment (from a grand jury) or an information (filed by a prosecutor). Civil cases begin with a complaint filed by the plaintiff.
- Discovery. Civil discovery is broad — depositions, interrogatories, document requests, requests for admission. Criminal discovery is narrower and weighted toward what the prosecution must turn over to the defence under Brady and similar rules.
- Speed. Criminal defendants have a Sixth Amendment right to a speedy trial; the timeline can be measured in months. Civil cases routinely take a year or more from filing to trial, and major commercial litigation takes longer.
- Appeals. Both sides usually have the right to appeal in civil cases. In criminal cases, the prosecution generally cannot appeal an acquittal because of the constitutional bar against double jeopardy.
Worked example: a single incident, two cases
Imagine a driver runs a red light and seriously injures a pedestrian.
- Criminal track. The state may charge reckless driving or, if alcohol is involved, DUI. The prosecutor controls the case. If convicted, the driver may face fines, licence suspension, probation, or jail. The pedestrian is a witness, not a party. See criminal defense for an overview, and DUI laws by state for state-specific rules.
- Civil track. The pedestrian (now a plaintiff) sues the driver for negligence, seeking medical bills, lost wages, and pain and suffering. The pedestrian's attorney runs the case, and the burden is preponderance of the evidence. See personal injury.
The two cases run on independent tracks. A guilty plea in the criminal case usually helps the plaintiff in the civil case. An acquittal does not necessarily help the defendant in the civil case.
When the same act is also a regulatory matter
Some conduct can also trigger a third track: an administrative or regulatory case (a licensing board investigating a doctor's care, an agency fining a company for an environmental violation). These have their own procedures and burdens of proof, often somewhere between civil and criminal in flavour. Counsel in any one track should keep an eye on the others.
What a non-lawyer should take away
- If a prosecutor is involved, you are looking at a criminal case, and the consequences include possible incarceration. Do not navigate this without a lawyer.
- If you have been served with a complaint by a private party, you are looking at a civil case. Read the document carefully to find the response deadline (often 21 or 30 days). See responding to a court summons.
- The deadline to bring a civil suit is governed by the statute of limitations, which varies by state and claim type.
- The glossary contains the underlying terms used above (plaintiff, defendant, indictment, discovery, preponderance of the evidence).