Civil cases are usually those that involve private conflicts between individuals and organizations. And the criminal cases are those that are considered affective to the entirety of society. What are the key differences between the two?
In a civil case, the claimant, called the plaintiff, will file a charge against the defendant because of their failure to carry out a legal responsibility. This is usually the case for violated contracts and such. The court will then order the defendant to fulfill their end of the contract or compensate the plaintiff for the harm done. Sometimes both orders can be given by the court.
In a criminal case is where an individual is accused of a crime. The indictment or information is the formal accusation filed against the defendant. For these, criminal attorney Salt Lake City representatives can either be consulted or employed to handle the defendant’s case during the entire proceeding.
For criminal cases, there are quite a few types of defenses that a criminal attorney Salt Lake City practitioner can take.
• Insanity Defense
This type of defense, though made popular by the mass media, is not commonly used and the chance of it being successful is very slim. This defense argues that the defendant is not in control of their mental faculties at the time when they committed the supposed crime. This simply means that the defendant didn’t know at the time that what they did was wrong. But since in this defense, where there is no question whether that crime did happen, it becomes risky when the jury rejected the insanity plea.
• Affirmative Criminal Defense
This is the type of defense that instead of trying to shoot down every argument that the prosecution says, it accepts some of their evidences. It is given though that the defendant together with their criminal attorney Salt Lake City representative should be able to provide evidences to support their defense as well.
• Abandonment and Withdrawal
This is also called the renunciation. The defendant and their attorney must be able to prove that the accused did intend to commit or be an accomplice to a crime but abandoned or withdrawn from their involvement.
• Coercion and Duress
This defense is an affirmative type where the defendant states that they are made to commit the crime through the use or threat of unlawful force.
• Other Defenses for Criminal Cases
There are other defenses that criminal attorney Salt Lake City practitioner can advise the defendant to invoke. This would include one or a combination of the following:
o Consent: this is where the defendant claims that the victim consented to some of the acts involved in the crime.
o Self Defense: where the defendant was forced to commit criminal actions to protect their person.
o Statute of Limitations: is when the defense states that the time allotted for the prosecution to file charges has passed and have to be dropped.
o Intoxication: this can usually be used to be able to negate an element or factor of the crime.