Civil vs. Criminal Case in California

What’s the Difference and How Victims Can Determine Their Case Type

If you or someone you love has been hurt in an accident, you may hear terms like “criminal charges” and “civil lawsuit” without a clear explanation of what they mean for you. This guide breaks down the civil vs criminal case distinction under California’s legal system so you can make informed decisions about your recovery.

How Civil Law Differs From Criminal Law

A civil case is a dispute between private parties, usually one injured party suing another for money after suffering harm. A criminal case is brought by the government, through a district attorney or county attorney, against a person accused of breaking the law.

Civil law aims to resolve disputes by awarding compensatory damages to the injured party. Criminal law aims to punish offenders and protect public safety. Here are the key differences at a glance: 

• Who files: Civil cases are filed by private parties. Criminal cases are filed when the government prosecutes a defendant.
• Where it’s heard: Civil courts and criminal courts both operate within the California Superior Court system, but on separate calendars, overseen by civil court judges and criminal court judges, respectively.
• Outcomes: Civil cases typically pay money as compensation or result in injunctions. Criminal cases can result in jail time, probation, or fines paid to the state.
• Burden of proof: Civil cases use preponderance of the evidence; whereas, criminal cases require proof beyond a reasonable doubt. 
• Victim’s role: In civil court, the injured party drives the lawsuit. In criminal court, the crime victim is a witness, not the one filing charges.

A Real Example of Both a Civil and Criminal Case

In 2025, a former LAPD officer pleaded guilty to murder after a DUI crash on a Los Angeles freeway that killed three people. That was a criminal case. The victims’ families could also file a separate civil lawsuit seeking compensation for wrongful death. The same act can lead to both criminal and civil court proceedings.

At Attorney Jeff, our firm handles the civil side: personal injury and wrongful death claims. We work on contingency, so legal counsel costs clients nothing unless we win.

What Is a Civil Case in California?

Civil law refers to the body of rules governing disputes between private parties, individuals, or businesses that civil courts handle. A civil court case usually involves claims for monetary damages or court orders like injunctions and restraining orders. Unlike criminal law, civil law does not carry jail time.

Civil cases commonly involve:

• Car accident and personal injury claims
• Debts, property, housing disputes
• Landlord-tenant and contract disputes
• Some domestic violence, family law matters, including child custody and child support

In a typical civil case, the injured party (the plaintiff) sues the at-fault party for damages such as medical bills, lost wages, and pain and suffering. The plaintiff controls the case: whether to file, settle, or dismiss.

The burden of proof is preponderance of the evidence, meaning more likely than not, just over 50 percent, a far lower bar than the criminal system requires. Defendants cannot go to jail for losing a civil case.

Example: A 2024 rear-end crash on the 405 freeway in Orange County could lead to a civil lawsuit against a distracted driver and their insurer, seeking recovery for medical bills and personal harm, with no criminal charges involved.

What Is a Criminal Case in California?

A criminal case involves the government prosecuting someone for breaking public law under the California Penal Code or Vehicle Code, and under federal law in some matters. Offenses are divided into infractions, misdemeanors, and felonies.

The case caption reads “People of the State of California vs. [Defendant].” The prosecutor may be a district attorney, city attorney, or, in some cases, one of the federal prosecutors. The defendant is guaranteed a government-paid lawyer, called a public defender, if they cannot afford one.

Criminal courts can impose:

• Jail or prison time
• Probation
• Fines and restitution to the crime victim
• Protective orders

The burden of proof is beyond a reasonable doubt, the highest standard in the criminal system, and establishing the defendant’s guilt requires a unanimous verdict in most jurisdictions, including California.

Common criminal cases relevant to injury victims include:

• DUI causing injury or death
• Hit-and-run
• Vehicular manslaughter
• Assault
• Drug trafficking
• Domestic violence

In 2025, a driver in Manhattan Beach, allegedly intoxicated and driving on a suspended license, struck and killed an 18-year-old. The DA charged the driver with murder. The victim’s family could pursue civil damages separately, regardless of whether the defendant is found guilty.

The crime victim is a key witness, but doesn’t control the criminal case. The government files charges, and the victim generally cannot drop them once prosecution begins.

Key Differences Between Criminal Court and Civil Court Cases

• Who starts it: A person sues in civil court. The government prosecutes in criminal court.
• Purpose: Civil actions seek to pay money for losses. Criminal law focuses on punishment, deterrence, and public safety.
• Case names: Civil cases read “Smith v. Jones.” Criminal cases read “People v. Jones.”
• Court: Kern County Superior Court in Bakersfield, for example, handles both civil and criminal cases on separate calendars, as do Superior Courts statewide.
• Outcomes: Civil cases may result in monetary compensation or court orders. Criminal cases can result in jail time, a criminal record, and fines.
• Proof standard: Civil requires preponderance of the evidence. Criminal requires proof beyond a reasonable doubt.
• Legal representation: Criminal defendants who cannot afford a lawyer get a public defender. Civil litigants don’t get a government-appointed attorney, but contingency-fee firms make legal counsel accessible without upfront costs.
• Jury rules: Criminal verdicts typically require unanimity. Civil verdicts allow agreement by three-quarters of the jury.

Civil and criminal appeals also follow separate procedures.

When One Incident Leads to Both Cases

The same act can trigger both a civil case and a criminal case, each moving on its own track through the legal system with its own rules and outcomes.

Examples:

• A 2025 Los Angeles freeway DUI: the driver faces criminal prosecution for DUI with injury, while injured parties file a civil suit for medical bills, lost wages, and pain and suffering.
• A hit-and-run of a pedestrian: possible felony charges in criminal court, plus a civil claim against the driver.
• A fatal motorcycle accident: possible vehicular manslaughter charges alongside a wrongful death civil case filed by the family.

The outcome of the criminal case doesn’t control the civil case. O.J. Simpson was acquitted in criminal court but found liable in civil court, because the civil standard is lower.

Even if prosecutors decline to file criminal charges, victims can still bring a civil case and seek damages. Evidence from a criminal case, including police reports, BAC results, and witness statements, can strengthen the civil claim.

Victims’ Rights and Legal Options in Pursuing Justice

Your role differs sharply depending on which court you’re in.

In criminal court:

• You have rights under California’s Victims’ Bill of Rights, including hearing notifications, a victim impact statement, and the right to request restitution.
• The prosecutor decides whether to file charges, negotiate a plea deal or plea bargain, and which counts to pursue.
• You cannot “press” or “drop” charges.

In civil court:

• You control the case entirely: whether to file, when to settle, and whether to accept or reject offers.
• This control is why a civil claim is usually the only path to full compensation beyond limited criminal restitution.
• Restitution in criminal court covers only economic losses. Civil claims can also recover non-economic damages like pain and suffering.

If You Cannot Afford a Lawyer

Free and low-cost legal help is available for civil and criminal matters alike:

• A legal aid lawyer or legal aid society can help with many civil matters at no cost.
• Contact legal aid organizations, also called legal services programs, for referrals in your area.
• A local bar association can connect you with a volunteer lawyer project or a free legal workshop.
• For immigration matters, consider a qualified immigration lawyer to address immigration status concerns alongside your case.

These resources provide free legal help and free legal help more broadly, including for civil rights violations.

Legal aid and legal services programs may also assist with:

• SSI benefits discrimination
• Medicaid, traffic violations
• Guardianship, administrative matters
• Workers’ compensation, Social Security, and unemployment hearings
• Social Security consumer problems
• Environmental harm, marriage disputes
• Civil rights violations and other federal law questions

The parties involved in these programs vary by issue, but the goal is the same: making sure no one goes without legal counsel simply because they cannot afford a lawyer.

Common Case Types in California

Car Accidents

Most car accident cases are handled entirely in civil court as negligence claims. If the driver was drunk, fled the scene after a hit-and-run accident, or was street racing, the government may also prosecute criminally while the victim pursues a separate civil claim. Traffic violations alone rarely trigger prosecution, but can support your civil case.

Motorcycle and Pedestrian Accidents

Speeding, reckless driving, or fleeing the scene can trigger criminal charges, while the injured party pursues civil damages independently.

Uber/Lyft Accidents

Rideshare accident claims are handled civilly against insurance policies, though a drunk or reckless rideshare driver may also face criminal prosecution. The parties involved on the civil side often include the driver, the rideshare company, and multiple insurers.

Slip-and-Fall and Premises Liability

These cases are almost always civil only. The civil court case focuses on proving the property owner’s negligence, such as unsafe stairs, slip-and-fall accidents, wet floors, or broken railings. Medical malpractice claims follow a similar civil-only path.

Dog Bites

Generally, civil claims are under California’s strict liability rules. In severe or repeated attacks, some prosecutors have filed criminal charges for failing to control a dangerous animal.

Workers’ Compensation

Workplace injuries are generally covered through a separate administrative system, though a third-party civil case may exist alongside it. Criminal charges arise only in extreme cases of employer misconduct or OSHA violations causing death.

An experienced attorney evaluates each situation to determine the best civil options for recovery, regardless of whether criminal charges are filed or whether the case is against a private party or one of the government agencies.

Deadlines and Next Steps

California’s statute of limitations for most personal injury and wrongful death claims is two years from the date of injury. Claims against government agencies have shorter deadlines. These civil deadlines run independently of any criminal case, and waiting for a criminal case to finish can push you past your filing window.

A free consultation with Attorney Jeff Car Accident Lawyer includes a review of:

• Police reports
• Medical records
• Insurance policies
• Any criminal case status

We explain your civil and criminal options in plain English and give an honest evaluation of your potential damages. Whether or not the criminal case ends in a conviction, your civil right to compensation remains.

Schedule a Free Consultation Today

Our award-winning attorneys are comprised of:

• Lead Attorney, Jeff Fayngor, Esq.
• Parter, Suraj Teppara, Esq. 
• Client Advocate, Robert (Rob) Melendez, Esq.
• Brett Shegda, Esq. 

With offices throughout California, we represent clients in civil cases involving car accidents, motorcycle accidents, slip-and-falls, dog bites, pedestrian accidents, Uber/Lyft accidents, wrongful death, and workers’ compensation, all on a contingency basis.

If you’ve been injured or lost a loved one due to someone else’s negligence, contact our personal injury law firm today for a free case evaluation, whether or not there’s an ongoing criminal case.

Remember: Jeff’s got you. 

Written By

Michelle Jaco

A content strategist and copywriter based in Orange County, she possesses over ten years of professional writing experience. A graduate of San Diego State University with a B.A. in English, she specializes in building brand identity and enhancing reader engagement, with expertise spanning legal content, software startup copy, and lifestyle branding. When she is not writing in her favorite coffee shop, Michelle is typically traveling, running along the beach, and indulging her sports fandom by cheering on the Kansas City Chiefs and Los Angeles Dodgers (she maintains that she is not a bandwagoner).