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Criminal law vs civil law

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Key facts: Criminal cases are brought by the government and require proof beyond a reasonable doubt, while civil cases are brought by private parties and decided by a preponderance of the evidence.[1][3][4]

Criminal law and civil law are two distinct branches of the American legal system. Criminal law is concerned with crimes and the punishment of individuals who commit them, while civil law governs private rights and obligations between people and organizations, such as contracts, torts, and family matters.[1][2]The same underlying conduct can sometimes give rise to both a criminal prosecution and a separate civil lawsuit.[1]

Overview

Civil law, as a branch of law, regulates non-criminal legal relationships between individuals, including both natural and legal persons, and covers areas such as contracts, torts, family law, property, and trusts.[2]It differs from criminal law, which involves offenses against the state, and from administrative law, which governs relations between individuals and the government.[2]Criminal law, as distinguished from civil law, is a system of laws concerned with crimes and the punishment of individuals who commit crimes.[1]Where a civil case involves two parties disputing their rights, a criminal prosecution involves the government deciding whether to punish an individual for either an act or an omission.[1]For background on how crimes are defined and categorized, see what is criminal law? and elements of a crime.

Who brings the case

In a criminal prosecution, it is the government, not a private victim, that decides whether to pursue charges and seek punishment against a defendant.[1]Each state has its own criminal code, and Congress has also codified federal criminal law, primarily in Title 18 of the U.S. Code.[1]Civil law, by contrast, regulates relationships between individuals, including both natural and legal persons, meaning a civil case is generally initiated by a private party seeking to resolve a dispute over rights or obligations, such as a contract or tort claim.[2]For more on how a criminal case unfolds from the government's side, see the criminal process step by step and arrest.

Burden of proof

The burdens of proof in criminal and civil cases are different, and the criminal standard is considerably higher. Beyond a reasonable doubt is the legal burden of proof required for a criminal conviction, meaning the evidence must leave jurors firmly convinced of the defendant's guilt, and this standard requires more certainty than any other burden of proof in law.[3]In a criminal prosecution, the government has the burden of proof to establish every element of a crime beyond a reasonable doubt.[1]The reasonable-doubt standard has been described as reflecting a profound judgment about the way law should be enforced and justice administered, and it has long been treated as a requirement tied to due process in criminal cases.[5]By contrast, preponderance of the evidence is the burden of proof used in a civil trial, met when the party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true.[4]This is much lower than the beyond-a-reasonable-doubt standard used in criminal cases.[3]For more on the building blocks the government must prove in a criminal case, see mens rea (the guilty mind).

Outcomes and penalties

Because criminal law is concerned with crimes and the punishment of individuals, a criminal case can result in punishment of the defendant, and the federal government and state governments have created various sentencing guidelines that courts use to determine an appropriate sentence.[1]Statutes that create crimes usually prescribe a maximum sentence appropriate for a convicted individual.[1]Crimes are generally separated into categories such as felonies, misdemeanors, inchoate offenses, and strict liability offenses, and the seriousness of the offense affects the potential outcome.[1]Civil law, by contrast, addresses private rights and obligations rather than punishment by the state, covering disputes in areas such as contracts, torts, family law, property, and trusts.[2]For more on how offenses are classified by seriousness, see felony vs misdemeanor vs infraction, and for how sentences are determined, see criminal sentencing.

When one act leads to both

A crime is any act or omission in violation of a law prohibiting that action or omission, and the government decides whether to prosecute such conduct as a crime.[1]Because civil law separately regulates non-criminal legal relationships between individuals, the same underlying conduct that forms the basis of a criminal charge can also give rise to a private civil dispute, since criminal law and civil law address different legal questions and different parties bring the two kinds of cases.[1][2]The two types of proceedings use different burdens of proof, so an outcome in one does not control the outcome in the other; a criminal case requires proof beyond a reasonable doubt, while a civil case requires only a preponderance of the evidence.[3][4]Readers who are facing a criminal charge and want to understand the steps involved can see charged with a crime? Start here and the criminal trial.

Common questions

What is the difference between criminal and civil cases?

A criminal case involves the government deciding whether to punish an individual for an act or omission that violates a criminal law, while a civil case involves two private parties disputing their rights, such as under a contract or tort claim.[1][2]Civil law covers areas such as contracts, torts, family law, property, and trusts, and is distinct from criminal law, which involves offenses against the state.[2]

Can the same act lead to both a criminal case and a lawsuit?

Yes. A crime is any act or omission in violation of a law prohibiting that conduct, and the government separately decides whether to prosecute it, while civil law regulates non-criminal legal relationships between individuals and can address the same underlying conduct through a private lawsuit.[1][2]Because the two systems serve different purposes and are brought by different parties, a single act can be the basis for both types of proceedings.[1]

How do the burdens of proof differ?

In a criminal case, the government must prove every element of the offense beyond a reasonable doubt, a standard requiring more certainty than any other burden of proof in law.[3][1]In a civil case, the burden is preponderance of the evidence, meaning the party with the burden must show there is a greater than 50% chance the claim is true, which is a much lower standard.[4]

Who decides whether to bring a criminal case?

The government decides whether to punish an individual for an act or omission through a criminal prosecution, rather than a private victim initiating the case.[1]Each state has its own criminal code, and federal criminal law is codified largely in Title 18 of the U.S. Code.[1]

What kinds of disputes does civil law cover?

Civil law, as a branch of law, regulates non-criminal legal relationships between individuals, including both natural and legal persons, and encompasses areas such as contracts, torts, family law, property, and trusts.[2]It is distinct from criminal law, which involves offenses against the state.[2]

References

All sources retrieved November 2026.

  1. ^ a b c d e f g h i j k l m n o p q r s t u v "Criminal law (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  2. ^ a b c d e f g h i j k l m "Civil law (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  3. ^ a b c d e f "Beyond a reasonable doubt (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  4. ^ a b c d e "Preponderance of the evidence (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  5. ^ "In re Winship, 397 U.S. 358 (1970)". U.S. Supreme Court opinion via Legal Information Institute. Retrieved November 2026.