Civil Crimes Attorney in Georgia

In matters like assault and battery, criminal courts punish defendants, and civil courts compensate victims.

Usually, civil matters, like personal injury, are separate and distinct from criminal matters, such as drug possession. However, in many cases, civil and criminal matters overlap. They overlap because criminal and civil courts serve separate and distinct purposes. Criminal law, which deals with criminal wrongs that are punishable by the state, can be contrasted with civil crimes, otherwise known as torts, which is an act or omission that causes legally cognizable harm to persons or property. Tort law, in turn, is the body of rules concerned with remedying harms caused by a person's wrongful or injurious actions.

At Zimmerman & Associates, our team of civil crimes lawyers in Georgia routinely stands up for your legal and financial rights in both forums. In criminal court, we vigorously defend individuals who, under the law, are presumed innocent until proven guilty. In civil court, we fight for the compensation victims and their families need and deserve. We use the same basic approach in both forums. Our team diligently collects evidence, thoroughly researches the law, and aggressively stands up for you.

Burden of Proof

Mostly because the purpose of criminal and civil courts is different, as mentioned above, the burden of proof is different in criminal and civil courts as well.

Many people are familiar with the O.J. Simpson murder saga in the late 1990s. After a lengthy and sensational trial, a criminal jury acquitted Simpson of double murder charges. Less than a year later, a civil jury heard basically the same evidence and came to the opposite conclusion.

These two cases illustrate the different burdens of proof. State prosecutors must establish guilt beyond all reasonable doubt in criminal court. Civil crimes lawyers must only establish liability (legal responsibility) by a preponderance of the evidence (more likely than not) in civil court.

Quite simply, prosecutors did not have enough evidence, or at least enough credible evidence, to convict Simpson, at least in the eyes of the jury. However, that evidence was more than enough to convince a civil jury that Simpson was legally responsible for those alleged acts.

Examples of Civil Crimes (Torts) in Georgia

Criminal defendants, if found guilty, receive punishment. Injury victims, if they prove their cases, receive compensation. The role of defendant and victim may overlap in cases like:

• Civil Rights Violations: If police officers wrongfully arrest an individual, a judge will most likely throw the case out of criminal court based solely on that wrongful arrest. The defendant then becomes a victim in civil court. Like the rest of us, police officers must respect the Constitution.
• Assault: Civil rights violation civil cases involve many legal obstacles and are therefore rare. Crossover assault cases, on the other hand, are very common. Individuals are responsible for these acts in criminal court. Property owners are financially responsible for damages in civil court under most circumstances.
• Property Crimes: These matters range from tagging stop signs to running multi-million dollar Ponzi schemes. Convinced defendants normally serve jail time or lengthy probation terms. Liable tortfeasors (negligent actors) must compensate victims for the damage they substantially caused.

A victim is in complete control of a civil case. In most cases, the victim decides if and when to bring a case and if and when to settle it. But a crime victim is a material witness in criminal court. Witnesses cannot “drop” criminal charges and, in fact, have almost no control over the process.

Work With a Gwinnett County Civil Crimes Attorney

Attorneys protect your rights in all courts. For a confidential consultation with an experienced civil crimes lawyer in Norcross, contact Zimmerman & Associates, Attorneys at Law. We routinely handle matters throughout the Greater Atlanta area.