If you’re involved in a legal matter in Oklahoma, it’s important to know the difference between a civil trial and a criminal trial. These two types of court proceedings serve different purposes, follow different rules, and can lead to very different outcomes. In this article, we’ll break down the key differences between civil and criminal trials in Oklahoma, how each works, and what you can expect from the legal process.
Purpose of a Civil and Criminal Trial
A civil trial in Oklahoma resolves disputes between individuals or entities. These cases usually involve private rights, such as property ownership, contract enforcement, or family matters like divorce and custody. The goal is to determine liability and, if appropriate, award damages or equitable relief. In a civil trial, the party bringing the lawsuit is called the plaintiff, and the person being sued is the defendant.
A criminal trial, on the other hand, involves the government prosecuting someone accused of breaking the law. The purpose is to determine guilt and, if proven, impose penalties such as fines, probation, or imprisonment. In a criminal trial, the State of Oklahoma is the party bringing the charges, and the accused person is the defendant.
Examples of Civil and Criminal Cases
Civil cases in Oklahoma include:
- Breach of contract
- Personal injury and car accident claims
- Property boundary disputes
- Divorce and child custody cases
- Landlord–tenant conflicts
Criminal cases include:
- Assault and battery
- DUI and drug charges
- Domestic violence
- Homicide and other violent crimes
In criminal trials, defendants have the right to a court-appointed attorney if they cannot afford one. In civil trials, parties must hire their own attorneys or represent themselves, as the state does not provide free legal counsel in civil matters.
Burden of Proof
The burden of proof differs significantly between the two types of trials. In a civil trial, the plaintiff must prove their case by a preponderance of the evidence, meaning it is more likely than not that their claim is true. In a criminal trial, the state must prove the defendant’s guilt beyond a reasonable doubt, which is a much higher standard.
This difference reflects the more serious consequences in criminal cases, such as imprisonment and loss of rights.
Penalties and Remedies
The outcomes also vary depending on the type of case. In civil cases, the court may award monetary damages, issue injunctions, or make custody determinations, but it cannot send someone to jail. In criminal cases, if the defendant is found guilty, the court may impose fines, probation, community service, or prison sentences.
Sometimes, a single event can lead to both types of cases. For example, someone who assaults another person may face criminal charges from the state and a civil lawsuit for damages by the victim.
Claremore Attorneys Can Help
Whether you’re facing criminal charges or involved in a civil dispute, it’s important to understand the type of case you’re dealing with and the legal rights you have. Each court process comes with unique rules, deadlines, and strategies for success. For a free consultation with a criminal or civil attorney at Kania Law Office – Claremore Attorneys call 918.379-4872
