Two Separate Systems
People searching for a criminal lawsuit usually mean one of two things: they want someone prosecuted for conduct that harmed them, or they want to sue over conduct that was also a crime. These are different systems with different rules.
A criminal case is brought by the government against a defendant, and the potential outcome is punishment including imprisonment and fines paid to the state. A civil lawsuit is brought by a private party, and the outcome is money damages or a court order.
You cannot press charges
Victims report crimes and can be essential witnesses, but the decision to prosecute belongs to the prosecutor. A victim cannot compel a prosecution, and equally cannot stop one once charges are filed, though their views may be considered.
Why Both Can Follow the Same Conduct
The same act can produce a prosecution and a civil suit without any conflict, because they address different questions and are brought by different parties. Double jeopardy protects against being tried twice criminally for the same offence, not against also being sued.
The burdens of proof differ substantially. Criminal conviction requires proof beyond a reasonable doubt. Most civil claims require only a preponderance of the evidence, meaning more likely than not, which is why an acquittal does not prevent civil liability for the same conduct.
What Victims Can Actually Do
Report to law enforcement, which starts any criminal process. Separately, consider a civil claim, which you control entirely: you decide whether to bring it, whether to settle and whether to withdraw.
Criminal courts can order restitution as part of a sentence, which is distinct from civil damages and usually narrower, covering direct losses rather than pain and suffering. Many states also operate victim compensation funds that pay for medical costs and lost income regardless of whether anyone is convicted.
Civil deadlines run while a prosecution is ongoing
The statute of limitations for a civil claim generally does not pause because a criminal case is pending. Waiting for a prosecution to conclude before consulting a lawyer can allow the civil deadline to expire.
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Criminal Lawsuit: Why That Term Is Misleading and What It Usually Means: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
Is there such a thing as a criminal lawsuit?
No. Criminal matters are prosecutions brought by the government. Lawsuits are civil actions between private parties. The terms describe different systems.
Can I press charges against someone?
No. You can report a crime and be a witness, but the decision to prosecute belongs to the prosecutor, and a victim cannot compel or stop it.
Can someone be prosecuted and sued for the same act?
Yes. They address different questions and are brought by different parties, and double jeopardy does not prevent a civil claim following a criminal case.
Why can someone be acquitted but still lose a civil case?
Because the standards differ. Criminal conviction requires proof beyond a reasonable doubt, while most civil claims require only a preponderance of the evidence.
What is restitution?
Compensation a criminal court can order as part of a sentence, usually covering direct losses only. It is narrower than civil damages and does not typically include pain and suffering.
Legal Disclaimer
This article is general legal information, not legal advice, and does not create an attorney-client relationship. Case status, eligibility criteria, and any amounts described are as reported at the date shown and may change. Consult a licensed attorney in your jurisdiction about your own situation.