Common Types of Legal Cases
There are two main types of legal cases: criminal and civil. Let's take a look at these two types of cases – and tell you who to turn to if you need legal counsel.
Understanding the two types of cases can be tricky – as there is some overlap between criminal and civil cases.
However, generally speaking, criminal cases are offenses against the state, even if the harm was done to an individual.
On the other hand, the 7th Amendment guarantees you the right to sue someone else for loss or damages. These are typically civil cases.
More About Criminal Cases
Only the state can bring criminal charges against an individual. A criminal case is usually filed by a district attorney and can be against one or more defendants. The penalty for being found guilty in a criminal case is a fine and/or time in jail.
Criminal cases include:
- Infractions are minor violations. A fine is a typical punishment for an infraction. An example of an infraction is a speeding ticket.
- Misdemeanors are typically punished by up to one year in jail and/or fines up to $1,000. Misdemeanors may include shoplifting.
- Felonies are the most serious crimes. A person found guilty of a felony (like murder) can go to state prison for a year or more. Of course, in some states, those convicted of felonies get the death penalty.
In criminal cases, a defendant is presumed innocent until proven guilty. In other words, the prosecutor must prove guilt beyond a reasonable doubt, and all the jurors must agree with the verdict.
More About Civil Cases
In a civil lawsuit, a plaintiff sues a defendant. While the Constitution gives everyone a right to have an attorney if accused of a crime, it's different for civil cases. Therefore, if you choose to sue (or someone brings a suit against you), you must hire a private attorney to oversee your case – unless you decide to represent yourself.
Civil cases may include the following:
- Small claims cases between individuals or companies for $10,000 or less
- Suing someone for breach of contract
- Property damage
- Divorce, child support, child custody, and adoption
- Landlord/tenant cases
Some civil cases are decided by judges, while juries decide others. In most civil cases, the judge or jury has to determine which side wins based on the “preponderance of the evidence.” But, in some cases, the standard for reaching a decision is “clear and convincing evidence.”
Seek an Attorney Who Views You As an Individual
When you hire an attorney from Kelly, Symonds, Reed & Jansen to represent your interests in a criminal or civil matter, you can rest easy knowing that we will see you as an individual – instead of a “common legal case.”
We understand that you depend on us to handle this difficult moment, so you can get back to your normal life.
Kelly, Symonds, Reed & Jansen specializes in Family Law, Criminal Defense, Personal injury, and DWI/DUI Defense cases. While our offices are in Lee’s Summit, we also serve surrounding communities, including Blue Springs and Independence.








