Understanding the difference between civil and criminal law is important for everyone — not just current plaintiffs and defendants. This guide will explore what distinguishes civil vs criminal law and how the type of charge affects service of process.
What Is the Difference Between Civil and Criminal Law?
Distinguishing between civil vs criminal law depends on who is involved and what the case aims to accomplish. Here’s a general overview:
What Civil Law Covers
Civil litigation takes place in civil court but may be held in a specific division, such as family court or small claims court. These cases include lesser non-violent crimes, such as:
- Small claims
- Evictions and landlord-tenant disputes
- Divorce and custody
- Contract disputes
- Debt cases
What Criminal Law Covers
A criminal case arises when someone commits an offense against the public or the state. Instead of one person suing another, the government charges the prosecuted party. Criminal offenses fall into one of two categories:
- Misdemeanors: Less serious crimes that often carry lighter sentences, such as DUI (first offense), minor drug possession, and simple battery.
- Felonies: More serious offenses carrying greater penalties, including aggravated assault, sexual battery, and murder.
Civil vs Criminal Case: Who Files and What Is at Stake
Let’s explore some of the core distinctions between civil vs criminal cases.
Plaintiff vs Defendant in a Civil Lawsuit
Civil lawsuits occur between people, businesses, or organizations. The plaintiff initiates the suit against the defendant, or party being sued.
Monetary compensation is the most common form of damages in civil court, but a plaintiff may also seek possession of property, a court order limiting the defendant’s actions, or another remedy authorized by law.
The State as Prosecutor in a Criminal Case
While civil lawsuits often read as “Plaintiff vs Defendant,” a criminal case has no plaintiff. Instead, the state initiates each criminal suit through a prosecutor or state attorney, as the offense is seen as a crime against the public. The victim may act as a witness.
For prosecutors, the goals of a criminal case are generally punishment and public safety. Common outcomes include fines, probation, jail, prison, or even capital punishment.
Burden of Proof in Civil and Criminal Law
Proving a case looks different in civil vs criminal court. Here’s how the burden of proof changes with the type of proceeding:
Preponderance of the Evidence in Civil Cases
In a civil lawsuit, the plaintiff must show that their claim is more likely true than false. In other words, their evidence should tip the scales just over 50% in their favor. This standard is called preponderance of the evidence.
Beyond a Reasonable Doubt in Criminal Cases
Criminal defendants face potentially serious consequences if convicted, including incarceration and loss of liberty. That’s why the burden of proof is much higher in criminal vs civil law. To secure a guilty verdict, the state must prove beyond a reasonable doubt that the accused party is responsible.
How Service of Process Differs in Civil and Criminal Cases
The differences between civil vs criminal law also affect how legal documents reach interested parties. Here’s how service of process is handled in each court:
Civil Summons and Initial Service in Florida
Civil lawsuits cannot move forward until the defendant is formally served. Under Florida Statute 48.021, nonenforceable civil process is not limited to the sheriff. It can also be performed by a certified process server or special process server.
A civil summons may include the following documents:
- Summons and complaint
- Eviction notice
- Divorce petition
- Small claims paperwork
How Legal Papers Reach People in a Criminal Case
Because criminal cases start with the state, the paperwork follows a different path than those in a civil suit. The sheriff must serve arrest warrants and other enforceable documents. A criminal summons notifies the defendant of the court date, while a witness subpoena informs a witness they are required to testify.
Why Proper Service Matters in Both
Proper service of process is essential in any civil or criminal case. Failing to meet legal requirements can delay proceedings, cause missed deadlines, or lead a defendant to challenge service.
Proof of service documents, or return of service, detail who was served, when service occurred, and how the process was completed.
In some cases, a recipient may be hard to find. A qualified process server may use skip-tracing tactics to locate them and complete service.
Can One Incident Lead to Both a Civil and Criminal Case?
Yes, one event can result in both civil and criminal charges against a defendant. Here’s how it works:
Examples of Overlapping Cases
In instances of assault or DUI, for example, the state may file criminal charges for endangering the public, while a plaintiff may sue the defendant for medical expenses, lost wages, and other relevant damages. This requires two separate cases, two burdens of proof, and two separate documents to serve.
Working With a Certified Process Server
You could rely on the sheriff to complete service of process in a civil suit, but certified process servers offer several benefits for plaintiffs:
When to Hire a Process Server for a Civil Lawsuit or Subpoena
When a court date is looming or a recipient has fled the area, many attorneys, landlords, businesses, and self-represented residents hire a certified process server to deliver documents quickly.
While a sheriff will meet the minimum legal requirements to serve documents, a qualified process server will go above and beyond by documenting attempts, providing status updates, skip tracing, and ensuring proof of service.
What a Process Server Does and Does Not Do
Quickserve Legal is not a law firm and does not give legal advice. Instead, our role is to serve the provided documents and return proof of service, so you can move forward with your case. Contact our team to request a process server today!