What is the difference between a civil offense and a crime?

The difference between a civil offense and a criminal offense are usually defined by the nature of the offense and the punishment assessed. Civil offenses involve violations of administrative matters. The Federal Trade Commission frequently imposes civil fines on companies that violate consumer statutes. For example, if an organization carelessly reports incorrect credit information about several consumers, they can be fined for each violation. Another example of a civil offense is contempt of court. This can arise in any civil matter, but is often used in family law matters. If one parent is ordered to pay child support, but fails to make any attempts to pay their obligation, the other parent can move for contempt sanctions. Sanctions can include awarding the other parent attorney’s fees. In extreme cases, the court can hold the non-paying parent in contempt and order them to remain in jail for a period of time. Even though spending days in jail is a consequence, the difference is that the underlying action arose from a civil or administrative dispute, not from the violation of a criminal statute. This can be considered a civil penalty.

What is the difference between a civil offense vs. criminal offense?

Criminal offenses, on the other hand, arise from the violation of local ordinances or state or federal statutes prohibiting certain conduct. A criminal offense can involve a fine, an arrest, or confinement in jail or prison as criminal penalties. The consequences of criminal offense types are set in relation to the severity of the crime. For example, if you are pulled over because your woofers and tweeters violate a noise ordinance in your city, you are probably only going to be given a ticket and fined. Conversely, if you are pulled over for suspicious driving and the officers determine that you were driving while intoxicated, you are more likely to be arrested. This is an offense punishable by requiting probation or jail time depending on the circumstances of your case and your criminal history. Regardless of the range of punishment, both charges may appear later on your criminal record.

What is the blurred line between civil and criminal offenses?

Most people assume that the lack of an arrest means the offense is civil in nature. Traffic stops for speeding only rarely result in an arrest. You are given a ticket and allowed to go on your way. No arrest and fine as a punishment means this is a civil matter, right? Not necessarily. When you signed for the ticket, you also made a promise to appear before a local court and take care of your fine. If you fail to take care of the ticket, the local judge can issue a warrant for your arrest, and you can be charged with an additional crime of “failure to appear.” If the action involves enforcement by a police officer, it’s usually a criminal offense which can eventually result in an arrest.

Whether the offense is civil or criminal in nature, it will be defined by a local, state, or federal statute. State and local statutes can vary greatly by state, county, and city. If you are unsure about whether your activities constitute a criminal or civil offense in your location, consult with a criminal attorney in your area to avoid either type of charge.

Case Studies: Understanding Civil Offenses and Criminal Offenses

Case Study 1: Violation of Consumer Statutes

John runs a small business that sells electronic devices. Due to negligence, his company reports incorrect credit information about several consumers. As a result, the Federal Trade Commission imposes civil fines on John’s company for each violation. This case falls under a civil offense, involving a violation of administrative matters and consumer statutes.

Case Study 2: Contempt of Court in Family Law

In a divorce case, Sarah is awarded child support payments from her ex-spouse, Mark. However, Mark consistently fails to make any attempts to fulfill his financial obligation. Sarah seeks legal action and moves for contempt sanctions against Mark. The court grants her request, and Mark faces various consequences, including potential jail time. This case exemplifies a civil offense, specifically contempt of court, arising from a family law matter.

Case Study 3: Noise Ordinance Violation and DUI

While driving in the city, Michael’s vehicle’s sound system exceeds the noise ordinance limits, leading to a traffic stop. In this situation, Michael is issued a ticket and fined for the violation, representing a civil offense. However, upon further investigation, the police officers determine that Michael was driving while intoxicated. This offense is a criminal offense, punishable by probation or jail time, depending on the circumstances and Michael’s criminal history.

Case Study 4: Failure to Appear

After receiving a speeding ticket, Lisa fails to appear in court to resolve the fine as required. As a consequence, the local judge issues a warrant for her arrest, and Lisa faces an additional charge of “failure to appear.” This case demonstrates how a seemingly civil matter, such as a traffic violation, can escalate into a criminal offense due to non-compliance with legal procedures.