Orange County Criminal Defense Attorneys

California Premier Criminal Defense Lawyer

Criminal Cases vs. Civil Cases

The criminal justice system can be intimidating to someone who has never been involved in a criminal case before. At the Law Offices of Michael L. Guisti, our experienced criminal defense attorneys can help you understand the process and the charges against you. If you have been charged with a crime in Los Angeles County, Orange County, Riverside County, San Bernardino County, or San Diego County, let one of our criminal defense lawyers help you ensure your rights are protected.

A criminal case arises when the federal, state, or local government wishes to punish an individual for breaking one of its laws by committing a criminal act. On the other hand, a civil case is typically a dispute between two parties regarding rights and duties that one side owes to another. Other differences between civil and criminal matters are as follows:

• For a criminal case, the prosecutor represents the government's case against the defendant accused of committing a crime. In a civil case, it is the plaintiff that brings the suit against the defendant for alleged damages inflicted upon him by the latter.
• Defendants convicted of a criminal matter may be forced to pay a fine, serve time in prison, or both. The losing party in a civil case may have to pay restitution, return some property or cease from engaging in a particular activity, but jail time is not a possible outcome for a civil case.
• Another significant difference between criminal and civil proceedings is the standard of proof. Prosecutors in a criminal case must prove the defendant's guilt beyond a reasonable doubt in order to earn a conviction. The standard in civil cases is much lower; the plaintiff only needs to prove his case by a preponderance of the evidence (more than 50% likely).
• Defendants in most criminal cases have a constitutional right to a jury trial. In contrast, only certain types of cases are decided by juries in a civil matter.

Misdemeanors vs. Felonies

The vast majority of jurisdictions categorize serious crimes as either a misdemeanor or a felony. In general, a crime is considered to be a felony when the potential punishment if convicted is greater than one year in jail. Crimes for which potential jail time is less than a year are generally considered to be misdemeanors. In addition, crimes in certain states are called "wobblers" because they can be classified as either a misdemeanor or a felony, at the discretion of the prosecutor.

Basic Presumption of Innocence

When a defendant is charged with a crime, he is presumed to be innocent until proven guilty, whether by a guilty plea or by a criminal conviction. As such, in order to get a guilty verdict, a prosecutor must prove beyond a reasonable doubt that the defendant is guilty of the crime he is alleged to have committed. There is no legal obligation on the part of the defendant to defend himself from the charges against him. If the prosecutor cannot prove the defendant's guilt beyond a reasonable doubt to the jury, then the defendant is acquitted (found not guilty), and is free to go.

The Meaning of "Reasonable Doubt"

To obtain a conviction in a criminal case, the prosecutor must convince the jury that the defendant is guilty of the crime in question "beyond a reasonable doubt." In the legal world, this is a very high standard of proof, and rightfully so, since a person's freedom, reputation, and livelihood are at stake. To find a defendant to be guilty of having committed a crime, the judge or jury deciding the case must be able to resolve any and all "reasonable doubt" in their minds as to the defendant's guilt, such as any evidence to the contrary, conflicting witness testimony, etc.

There are many other legal questions that can only be answered by a qualified, experienced Southern California criminal defense attorney. Please call today at (714) 530-9690 for a free consultation with a knowledgeable criminal defense lawyer.