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Comparison

Civil Attorney vs Criminal Attorney

Quick answer

Civil attorneys handle disputes between private parties — contracts, personal injury, employment, property, and family law — where the outcome is typically money damages or an injunction. Criminal attorneys defend individuals accused by the government of crimes, where the stakes include fines, probation, and incarceration. The two practice areas have different rules, procedures, burdens of proof, and required specializations. Hiring the wrong type can mean your case is mishandled from day one.

James Chae

Written by James Chae — Co-Founder, Expert Sapiens

Platform expertise: Legal services & attorney vetting · Reviewed June 2026

Key differences

Who brings the caseCivil AttorneyA private party (individual, company, or organization) sues another private partyCriminal AttorneyThe government (federal or state prosecutor) charges an individual with violating criminal law
Outcome if you loseCivil AttorneyMoney damages, injunctions, or specific performance — not imprisonmentCriminal AttorneyFines, probation, community service, or incarceration
Burden of proofCivil AttorneyPreponderance of the evidence — more likely than not (51%+)Criminal AttorneyBeyond a reasonable doubt — the highest legal standard
Right to counselCivil AttorneyNo constitutional right to a free attorney — you must hire your ownCriminal Attorney6th Amendment guarantees right to counsel; public defenders available if you can't afford one
Typical case typesCivil AttorneyContract disputes, personal injury, employment discrimination, divorce, property disputes, business litigationCriminal AttorneyDUI, assault, theft, fraud, drug offenses, white-collar crime, homicide
Court processCivil AttorneyCivil procedure — discovery, depositions, motions, trial or settlementCriminal AttorneyCriminal procedure — arraignment, bail, preliminary hearing, plea bargaining, trial
ResolutionCivil AttorneyMost cases settle out of court through negotiation or mediationCriminal AttorneyMost cases resolve through plea bargains; fewer go to trial

When to choose Civil Attorney

  • You are being sued or want to sue someone for breach of contract, personal injury, or property damage
  • You are dealing with an employment dispute — wrongful termination, discrimination, or wage theft
  • You need legal help with a divorce, custody dispute, or estate matter
  • You are a business owner facing commercial litigation, IP infringement, or partnership disputes
  • You need an injunction to stop someone from doing something harmful to you or your business

When to choose Criminal Attorney

  • You have been charged with a crime or are under criminal investigation
  • You have received a target letter from a federal grand jury or prosecutor
  • You are facing a DUI, drug charge, assault, or any offense where jail time is possible
  • You are under investigation for white-collar crime — fraud, embezzlement, tax evasion
  • Law enforcement has contacted you and asked you to come in for questioning

Which Should You Choose?

The distinction matters enormously — a civil litigator handling a criminal matter, or vice versa, is a serious mismatch. If you are charged with a crime, hire a criminal defense attorney immediately, say nothing to investigators without counsel, and do not assume a civil attorney can help. If you are in a private dispute over money, property, or contracts, a civil attorney is what you need. Some attorneys practice both, but most serious practitioners specialize in one. Always confirm the attorney's specific practice area before retaining them.

Typical cost

Hourly rate

$150–$500/hr

Wide range reflects specialization — IP and corporate law command higher rates than general advisory

Per session

$200–$750

Typical for a 60–90 minute contract review, legal strategy, or compliance consultation

Project rate

$500–$5,000+

Flat-fee engagements for entity formation, contract drafting, or trademark filings