Criminal and Civil Case Differences
| FAQ | Criminal | Civil |
| What law applies?
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Penal Law, various statutes, Criminal Procedure Law
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Various statutes, common law, Civil Practice Law and Rules
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| Who is the victim?
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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.
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| Who are the parties and who brings the case to court?
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The People of the State of New York and Defendant.
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Plaintiff and Defendant.
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| Who is seeking what?
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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?
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Beyond a reasonable doubt.
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Preponderance of the evidence or clear and convincing evidence.
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| Who has the burden of proof?
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The People of the State of New York.
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The plaintiff.
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| What do we call the attorneys in these cases?
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District Attorney/Prosecutor, or Assistant District Attorney (ADA).
Defense Attorney, Public Defender, or Assigned Counsel.
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Plaintiff’s attorney and .defense attorney.
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| Who pays for the attorney?
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District attorney-government. Defense Attorney-defendant. Assigned Counsel-government. Public Defender- government.
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Parties pay for their own attorneys, or obtain free or reduced rates from pro bono attorneys and/or agencies.
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| What is the number of jurors?
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Six (6) for a misdemeanor and twelve (12) for a felony.
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Six (6).
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| What verdict is required?
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Verdict must be unanimous.
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Verdict need not be unanimous.Only need 5 out of 6 to reach a verdict.
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