A physical assault can result in serious injuries to a victim. There are two types of cases that can be brought against the person responsible for the act — a civil case or a criminal case. These types of cases are brought under separate systems and it’s important to note there are many distinctions between them. Not only are the trials conducted differently in a civil vs. criminal assault case, but the outcomes and remedies are also different. If you’ve been charged with the crime of assault, it’s imperative to have a criminal defense attorney by your side who can protect your rights and fight for the best possible outcome in your case.
There are numerous differences to be aware of in how a civil vs. criminal assault case is brought. Specifically, in civil law, an assault is a “tort,” while under the criminal justice system, an assault is a crime. While the goal of a civil case is to recover monetary damages, a criminal case is meant to pursue justice. In addition, some assault attorneys focus on civil matters, while others represent clients only for criminal matters. At Beaton Kiers, PLLC, we provide skillful defense for those who are facing criminal charges.
Civil assault cases are personal injury matters that are commenced in civil court by a victim (referred to as the plaintiff) upon filing a summons and complaint. These papers must then be served upon the defendants in the case. In a civil case, a defendant can include anyone whose negligence played a role in the assault. For instance, not only might the person who committed the act of assault be named in a lawsuit, but a landlord might also be held liable if a plaintiff can establish negligent security.
In a criminal case, the plaintiff is “The People.” In other words, it is the state that brings the case on behalf of the victim. These cases are brought in criminal court and follow a much different process. Generally, a victim will file a report with the police after an assault — they will investigate the case and arrest the defendant if they have probable cause that the assault occurred. The prosecution will then review the evidence to determine whether formal charges should be brought in court.
One of the biggest differences in a civil vs. criminal assault case is the burden of proof that is applied in each. In a criminal assault case, the burden of proof is “beyond a reasonable doubt.” This is the highest standard of proof and requires the prosecution to provide such convincing evidence to the jury that no reasonable person could have any doubts in their mind about the defendant’s guilt. If any member of the jury has any doubts about the defendant’s guilt, they must be found “not guilty.”
In a civil case, the burden of proof is much lower. A defendant can be found liable for an assault victim’s injuries based on a preponderance of the evidence. This means the jury feels it is more likely than not that the defendant in the case is responsible for the harm the victim suffered. In other words, the jury does not need to be 100% convinced that the defendant caused the victim’s injuries — rather, the greater weight of the evidence demonstrates it is more likely true than not.
There are critical differences to note in the outcome of a civil vs. criminal assault case. The objective of a civil assault case is to make the victim “whole” by obtaining compensation for the economic and non-economic damages they suffered as a result of their injuries. Monetary damages that can be recovered in a civil assault case can include compensation for the following:
Even if a defendant is found liable for the plaintiff’s damages in a civil case, they will not go to jail. In contrast, criminal prosecution is meant to punish a defendant for their illegal act and provide justice for the victim. The outcome can include the defendant being charged with a misdemeanor, jail time, monetary fines, mandatory anger management counseling, the issuance of a restraining order, and a criminal record. If aggravating factors are present, a defendant may be charged with a felony. In the event a defendant is found guilty, these consequences can impact them for the rest of their lives. At Beaton Kiers, PLLC, we offer experienced defense to clients who have been accused of criminal assault and work to obtain the best possible outcome in their cases as we help them navigate the criminal justice system.
Typically, even when restitution is ordered in a criminal case, a victim would not be able to recover compensation to cover their injuries. The defendant may serve several years in jail — but a victim may still be left with substantial medical bills, lost wages, and serious injuries. After a criminal case has concluded, a victim may be able to commence a civil action to recover these damages.
A victim might wish to pursue a civil case without filing a criminal case. Although it is not necessary to first commence a criminal action, it can help to streamline the process since certain facts would already have been established in criminal court. In some instances, a defendant who was not found guilty in criminal court may be held accountable in civil court because of the lesser burden. In either situation, it’s crucial to have the representation of a diligent criminal defense attorney.
If you are facing criminal assault charges, it’s vital to have a knowledgeable attorney by your side who can protect your rights and fight for a favorable outcome on your behalf. Providing experienced counsel and trusted representation, the attorneys at Beaton & Kiers provide diligent criminal defense for criminal assault charges in New Hampshire. To learn more about how we can help, contact us to schedule a consultation.
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