When people think about going to court, they often imagine a criminal trial involving police, prosecutors, and jail time. However, many legal disputes fall under civil law, where no one faces incarceration, but legal rights and financial outcomes are still at stake.
At The Loftin Firm in Weatherford, Texas, we believe understanding the core distinctions between civil and criminal trials empowers our clients to make informed decisions when legal issues arise.
Key Differences Between Civil and Criminal Trials in Texas
1: Purpose of Civil and Criminal Trials
The immediate goal of a criminal trial process is to determine if the defendant is guilty and, if so, to impose penalties such as fines, probation, or imprisonment. At a higher level, criminal trials serve the public interest by ensuring safety and order. Accordingly, criminal charges are prosecuted by the state or federal government.
On the other hand, civil trials focus on resolving disputes between individuals, businesses, or organizations. Common civil matters include personal injury claims, breach of contract claims, property disputes, and family law issues. Whereas the criminal justice system seeks to punish guilty persons with incarceration, probation, or fines, civil courts aim instead to compensate individuals for their losses, hold at-fault parties responsible for their wrongful actions, and serve as a deterrent for future wrongs. Instead of incarceration or fines, civil courts typically resolve a case by awarding monetary compensation or requiring the defendant to take specific action.
2: Examples of Civil vs. Criminal Cases
| Civil Trials | Criminal Trials |
|---|---|
| Car accident injury claims | Assault or robbery charges |
| Breach of contract | Drug possession |
| Business disputes | DUI or DWI |
| Divorce and child custody | Domestic violence |
3: Parties Involved in Each Type of Trial
In all criminal matters, including cases involving drug crimes, the government (state or federal) initiates the case through a prosecutor, who may also be referred to as a district attorney. The person accused of breaking the law is commonly referred to as the defendant.
4: Burden of Proof in Trial Law
The “burden of proof” refers specifically to the weight of the evidence presented by the prosecutor or plaintiff.
- Criminal Trials: Historically, the evidence required to prove guilt in a criminal proceeding must be “beyond a reasonable doubt.” That doesn’t require absolute proof or, as some have suggested “beyond a shadow of a doubt,” but it’s a much higher standard than the burden of proof in a civil dispute.
- Civil Trials: A civil case must be proven by a “preponderance of the evidence” (more likely than not), or as stated in some jurisdictions, by the “weight of the evidence.” In a civil trial, the plaintiff must show only that their version of the facts is more believable than the defendant’s evidence.
5: Possible Outcomes in Civil and Criminal Cases
- Criminal Cases: Penalties may include jail time, probation, fines, or community service, depending on the seriousness of the crime. These outcomes are governed by the Texas Code of Criminal Procedure and the Texas Penal Code.
- Civil Cases: Outcomes include financial compensation or injunctive relief. No jail time is ever imposed. These cases are governed by relevant statutes, including the Texas Civil Practice and Remedies Code.
Why You Need a Skilled Trial Lawyer in Weatherford
Whether you’re facing criminal prosecution or a civil lawsuit, the result of your case depends on the quality of your representation. A qualified trial lawyer in Weatherford, Texas, understands local laws, courtroom procedures, and strategic advocacy—whether defending your rights under criminal law or pursuing justice in a civil dispute.
Whether you find yourself in civil or criminal court, your lawyer will help you by:
- Knowing what types of evidence will be persuasive to the judge and jury
- Formulating and presenting effective arguments
- Anticipating arguments the other side will make to the court and being prepared to respond in an effective way
- Ensuring that all deadlines are met and all required documents are filed
- Advising you on whether it’s in your interest to negotiate a settlement or plea bargain
Read Also: The Trial Process – Filing a Lawsuit and Discovery (Part 1)
Contact The Loftin Firm – Weatherford Trial Law Attorneys You Can Trust
At The Loftin Firm, we provide experienced legal representation in both civil and criminal courtrooms across Weatherford and surrounding Texas communities. Let us help you understand your options, build your case, and fight for the best possible result.
Call (817) 441-8933 or contact us online to schedule your free consultation today.
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