Navigating Civil Liability and Criminal Culpability Differences
Can you be held liable for something in a civil lawsuit but not guilty in a criminal case that came out of the same set of facts? Hi, my name is Carl Birkhead. I’m a Tulsa criminal attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years now, and I want to help you to make law easy by just talking about what civil liability looks like versus criminal culpability.
Short answer: Yes, absolutely.
Differences in Burden of Proof Between Civil and Criminal Cases
You can be held civilly liable for something and still be found not guilty in a criminal case based on the same set of facts. The key difference comes down to the burden of proof. In a criminal case, the government has to prove you’re guilty beyond a reasonable doubt, and every single juror has to agree.
So if you’re charged with something like felony manslaughter after a car accident, the prosecution needs to convince all 12 jurors that you’re guilty without any reasonable doubt. That’s a high standard — think of it as needing to be 100% sure.
Rules of Civil Court and Financial Liability
Civil court, on the other hand, plays by different rules. The burden of proof there is typically “clear and convincing evidence” or, in many cases, even lower — just “preponderance of the evidence.” That means if the jury believes there’s even a 51% chance that you were at fault, they can find you liable.
So even if you beat the criminal case, you could still be on the hook financially in civil court. There’s one caveat: sometimes a finding in civil court can come back to bite you in a criminal case, depending on the timing and circumstances.
Seek Legal Advice for Navigating Civil and Criminal Exposure
That’s why you need to talk to an attorney who understands how these two systems overlap if you’re looking at potential civil and criminal exposure, especially in a serious incident like a car accident. If that’s your situation, give me a call. Let’s break down how these two cases intersect and what you need to be doing now to protect yourself.
Schedule a Low-Cost Initial Strategy Session
My name is Carl Birkhead. I’m a Tulsa misdemeanor attorney with Wirth Law Office, and I want to help you make law easy. Call 918-879-1681 to schedule a low-cost initial strategy session. Let’s work together to tackle your legal challenges effectively.
