Understanding Civil Vs Criminal Vs Small Claims

When people think about “going to court,” they often picture the dramatic trials and intense courtroom scenes they’ve seen on TV. In reality, not all court cases play out like primetime drama. The justice system is divided into several types of cases, each with its own rules, purposes, and outcomes. Understanding the differences between them can help you know what to expect if you ever find yourself involved in a legal matter.

Criminal law involves actions that are considered offenses against society, even if they directly harm an individual. In these cases, the government prosecutes someone accused of breaking the law. The goal is to determine guilt and assign punishment.

Examples include:

• DWI (Driving While Intoxicated)
• Theft, burglary, or vandalism
• Assault and battery
• Drug possession or distribution

The burden of proof in criminal cases is extremely high. Prosecutors must prove the defendant’s guilt beyond a reasonable doubt. Penalties may include jail time, probation, community service, or fines.

Because the consequences are so serious, defendants have important constitutional rights, such as the right to an attorney, the right to remain silent, and the right to a jury trial. These protections are part of what differentiates civil vs criminal cases, where the stakes (especially the potential loss of freedom) are significantly higher.

Civil cases do not involve criminal charges. Instead, they address disputes between individuals, businesses, or organizations. The goal is not punishment, but compensation or another remedy for the harmed party.

Common civil cases include:

• Personal injury (such as car accidents or slip and falls)
• Medical malpractice
• Breach of contract
• Property damage
• Landlord-tenant disputes

In civil cases, one party (the plaintiff) sues another (the defendant), often seeking monetary damages. The burden of proof is lower than in criminal court: a “preponderance of the evidence,” meaning the plaintiff must show it is more likely than not that their claim is true.

Civil cases also differ from small claims, even though small claims are technically part of the civil system. Civil cases may involve attorneys, discovery, expert testimony, and more complex legal issues. Many are settled out of court through negotiation.

Small claims court is actually a subset of civil court, designed to handle less complex cases involving smaller amounts of money. It is the key element in understanding civil vs small claims cases: both are civil matters, but small claims courts operate on a simplified, faster, and more informal track. It’s meant to be accessible for everyday people who want to resolve disputes without hiring a lawyer or going through a lengthy legal process.

Typical small claims cases include:

• Unpaid rent or security deposits
• Minor property damage
• Unpaid bills or personal loans
• Disputes over services or small contracts

Each state sets a maximum limit for the amount that can be claimed in small claims court. In Louisiana, the limit is typically around $5,000. Because of this smaller scale, the process is faster, less formal, and less expensive.

• If a crime was committed: The state brings charges, and the case is criminal.
• If someone was harmed or suffered a loss because of another’s actions: It’s likely civil.
• If the dispute involves a small amount of money: It may qualify for small claims court.

Even when a case seems straightforward, legal guidance can make a major difference in the outcome, especially since some incidents involve overlapping issues. An experienced attorney can help you:

• Determine which court has jurisdiction over your case
• File the correct paperwork and meet deadlines
• Understand your rights and legal options
• Negotiate settlements or represent you in court

At Jack Bailey Law Corporation, we’ve spent decades helping clients across Louisiana navigate various legal issues. If you’ve been injured in an accident, our team is here to stand beside you every step of the way.