When you are a party to a criminal or civil trial in Texas, a key factor in the outcome of your case is the burden of proof. Understanding the burden of proof can help you make informed decisions and develop a stronger legal strategy in both civil and criminal cases.
At The Loftin Firm, our experienced trial lawyers guide clients through every stage of a criminal or civil trial, ensuring they understand their rights, responsibilities, and what it takes to prevail in court.
What Is the Burden of Proof?
In a civil or criminal trial, the burden of proof refers to the weight of evidence required to establish guilt or liability. The burden of proof differs substantially, depending on whether the proceeding is civil or criminal.
Burden of Proof in Criminal Law
The generally accepted standard for the burden of proof in a criminal prosecution is that the state must establish guilt beyond a reasonable doubt. The strictest burden of proof used in any legal proceeding, this standard requires that jurors have no reasonable doubt as to the defendant’s guilt. If they do, they must vote to acquit.
Criminal defense lawyers are essential in challenging the prosecution’s evidence and protecting the rights of the accused. As a practical matter, one of the key roles of a defense attorney is to create reasonable doubt in the minds of the jurors. If that happens, the jury must find the defendant not guilty.
Burden of Proof in Civil Trials
In contrast, civil cases—such as personal injury claims, contract disputes, or family law matters—require a lower standard. The most common is what is typically referred to as a preponderance of the evidence (though some jurisdictions use the term weight of the evidence). In simple terms, the plaintiff must prove their arguments are more likely than not to be true.
Some civil cases, though, may involve a slightly higher standard, commonly referred to as clear and convincing evidence. Civil matters in which the burden of proof may be elevated to clear and convincing evidence include child custody disputes, will contests, and civil fraud claims.
Civil vs. Criminal Matters: Key Differences
| Aspect | Civil Trial | Criminal Trial |
|---|---|---|
| Who Brings the Case | Private individual or business (plaintiff) | Government (prosecutor) |
| Who Has the Burden of Proof | Plaintiff, in most cases (although the defendant will have the burden on any counterclaims and certain defenses) | Prosecution only |
| Standard of Proof | Preponderance or weight of the evidence / Clear and convincing | Beyond a reasonable doubt |
| Possible Outcomes | Financial damages or injunctions (court orders requiring a party to take specific action) | Jail, probation, fines, or a criminal record |
| Right to Counsel | Optional | Guaranteed (court-appointed if needed) |
Read Also: The Trial Process – Filing a Lawsuit and Discovery (Part 2)
Contact The Loftin Firm for Skilled Trial Lawyers in Texas
If you’re involved in a legal trial in Texas and need guidance on the burden of proof, reach out to the skilled attorneys at The Loftin Firm. We proudly serve clients in Weatherford, Aledo, and across the state.
Call (817) 441-8933 or contact us online to schedule a free consultation with The Loftin Firm.
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