Appendix A: Civil and Criminal Case Differences

Criminal and Civil Case Differences

FAQ Criminal Civil
What law applies?

 

 Penal Law, various statutes, Criminal Procedure Law

 

 Various statutes, common law, Civil Practice Law and Rules

 
Who is the victim?

 

 A person or entity that is intentionally or reckless wronged, harmed, injured, killed,or had their property rights violated by the defendant.  

The person or entity that is intentionally or negligently wronged, harmed, injured, killed,or had their property rights violated by the defendant.

 
Who are the parties and who brings the case to court?

 

 The People of the State of New York  and Defendant.

 

 Plaintiff and Defendant.

 
Who is seeking what?

 

The People of the State of New York-punishment,rehabilitation, and deterrence.

Defendant-Dismissal, plea bargain or not guilty verdict.

Plaintiff-Verdict in their favor usually for money damages or injunctive relief or specific performance.

Defendant-Dismissal, settlement or verdict in their favor.
What is the standard of proof?

 

 Beyond a reasonable doubt.

 

 Preponderance of the evidence or clear and convincing evidence.

 
Who has the burden of proof?

 

 The People of the State of New York.

 

 The plaintiff.

 
What do we call the attorneys in  these cases?

 

 District Attorney/Prosecutor, or Assistant District Attorney (ADA).

Defense Attorney, Public Defender, or Assigned  Counsel.

 

 Plaintiff’s attorney and .defense attorney.

 
Who pays for the attorney?

 

District attorney-government. Defense Attorney-defendant. Assigned Counsel-government. Public Defender- government.

 Parties pay for their own attorneys, or obtain free or reduced rates from pro bono attorneys and/or agencies.

 
What is the number of jurors?

 

 Six (6) for a misdemeanor and twelve (12) for a felony.

 

 Six (6).

 
What verdict is required?

 

 Verdict must be unanimous.

 

 Verdict need not be unanimous.Only  need 5 out of 6 to reach a verdict.