If you’re involved in a legal dispute in Oklahoma, it’s important to understand whether your case will be a a civil or criminal trial—because the rules, procedures, and outcomes differ in significant ways. While both types of trials take place in a courtroom and may involve judges, lawyers, and juries, the purpose, standards of proof, and potential consequences vary greatly.

Purpose of the Case

Criminal trials focus on punishing behavior that the government considers harmful to society. The State of Oklahoma brings criminal charges against a person or entity accused of violating the law.

Civil trials, on the other hand, typically involve disputes between individuals or businesses. The goal is to resolve a legal disagreement, often over money, contracts, or property by awarding damages or other remedies.

Who Brings the Case?

In a criminal trial, the State of Oklahoma prosecutes the case. The victim is a witness, not the party filing the charges. In a civil trial, the plaintiff (a private individual, business, or organization) sues the defendant.

Burden of Proof

For criminal cases, the prosecution must prove the defendant’s guilt “beyond a reasonable doubt,” which is the highest legal standard. The defendant may face jail or prison time, fines, probation, or community service. A conviction can also result in a permanent criminal record.

In a civil case, the plaintiff must prove their case by a “preponderance of the evidence,” meaning it’s more likely than not that their claim is true. The defendant typically faces financial penalties, such as paying damages or being ordered to perform or stop certain actions (like enforcing a contract or issuing an injunction).

Right to an Attorney

In criminal cases, defendants have the right to a court-appointed attorney if they can’t afford one. However, in civil cases, each party is responsible for hiring their own legal counsel—there’s no right to a free attorney.

Jury Trials

Criminal defendants have a constitutional right to a jury trial in most cases, but in civil trials, either side can request a jury. However, many civil cases are decided by a judge alone (a bench trial).

Why the Difference Matters

Knowing whether your case is civil or criminal shapes everything from how parties present evidence to what kind of attorney you need. It will also determine the stakes—whether you’re fighting to stay out of jail or recover compensation for damages.

Creek County Trial Attorneys

While legal disputes can be confusing and uncertain, you don’t have to handle them alone. If you’re facing a civil or criminal trial, our team at Creek County Attorneys can help. Call us at 918-209-3709 for a free and confidential consultation or ask a legal question here.