A criminal offense (crime) is a type of wrongdoing that may be punished by incarceration—a loss of liberty. Crimes are behaviors that society views as offending not just a specific victim but also society as a whole. As a way to punish the offender and deter (prevent) others from committing the same wrong, lawmakers enact laws that prohibit certain conduct and assign punishments based on the seriousness of the wrong. These laws—criminal offenses—are generally found in a state's criminal or penal code.
By contrast, society has identified other types of wrongs as undesirable and troublesome but not deserving of punishment as consequential as the loss of one's liberty. Lawmakers generally prohibit such acts as civil wrongs and provide remedies for those aggrieved by such acts.
Below, we’ll dive into the legal definition of a crime, different types of crimes, and how crimes differ from civil wrongs.
What Is a Crime?
As noted above, crimes reflect society's judgment that a particular act is a public wrong and should be punished accordingly. The legal definition of a crime is any conduct prohibited by law that may be punished by incarceration.
Criminal Laws Aim to Punish and Deter
A primary aspect of criminal law is not to just punish the wrongdoer but also to deter others from following down that same path. Let’s take robbery as an example. Robbery is considered a crime not only because the victim has been forcefully deprived of their property, but also because society as a whole will not tolerate violent personal thefts.
To punish the offender and deter future robberies, lawmakers enact laws prohibiting the act of robbery and setting its punishment. For instance, a state criminal law might read: A person who steals property from another by use of force or threat of force commits robbery and may be punished by up to 10 years in prison and a $10,000 fine. Generally, the more harmful the conduct is, the greater the punishment will be.
Crimes Are Punishable by Incarceration
Many laws prohibit various conduct. A law might prohibit building a store on a lot that's zoned residential. Numerous laws prohibit parking vehicles in certain spots. Another law might prohibit discrimination in hiring. Anyone who violates these laws may face legal consequences but it won't be jail time. The builder who violates the zoning code might be forced to tear down the store. The vehicle owner might get stuck paying a fine. And the employer who discriminates might face a large lawsuit and damages. But these prohibited acts are not crimes when no possibility of jail time exists.
Types of Criminal Offenses
We tend to group criminal offenses in terms of injuries, whether it's injuries to persons, property, public safety, or the government. Another important distinction is the difference between state and federal crimes.
Crimes Against Persons, Property, Government, and Public Order
Most laws reserve the harshest punishments for crimes against persons, especially violent crimes involving death or injuries, such as murder, assault, and rape. Property offenses, such as theft, vandalism, and trespass, have less severe penalties than person offenses. Some crimes harm both person and property, like home invasion (burglary) and robbery. Their penalties will generally depend on the potential risk of harm to a person.
Other important categories of crimes include drug crimes, fraud and forgery, stalking and harassment, and computer crimes. Criminal acts against government authority often include treason, bribery, perjury, and witness intimidation. Then there are crimes against public order, for instance, those prohibiting disorderly conduct, reckless driving, riots, and unlawful discharge of a weapon.
State vs. Federal Crimes
Another distinction pertains to whether the crime is a state or federal crime. Most crimes are state crimes that will be prosecuted in state courts. State lawmakers have broad authority to enact laws to protect the safety of their citizens. The crimes described above are primarily state crimes.
The federal government’s authority in the criminal arena is more limited than the states. The federal government can only enact crimes that affect a federal interest or cross state lines. Examples of federal crimes include federal tax fraud, treason, internet crimes (like wire fraud or mail fraud), bank robberies, and espionage.
Some crimes can violate both federal and state law. For instance, a kidnapping that starts in California and ends in Nevada could be prosecuted in either state or in federal court because the criminal conduct crossed state lines.
What Are the Differences Between Criminal Offenses and Civil Wrongs?
The biggest difference between a crime and a civil wrong is the punishment described above. Criminal acts carry the possibility of jail or prison time. Civil wrongs do not. Other important distinctions exist and we’ll dive into those next.
Different Punishments for Criminal vs. Civil Wrongs
A person convicted of a crime faces the potential of time behind bars. Even if the person receives no jail time upon conviction (say they get probation), it’s still a crime because the possibility of incarceration existed. Convictions for crimes can also result in sanctions imposed by the government, such as fines paid to the state and mandatory treatment programs. For example, the sentence for driving under the influence (DUI) might include jail time, fines, license suspension, mandatory ignition interlock device, and counseling for alcohol abuse.
Civil cases don’t carry the threat of incarceration. Money, rather than jail time, is usually what’s on the line. The plaintiff might want financial compensation for harm done (such as hospital bills after a car accident) or, in some cases, “equitable relief.” Equitable relief involves the court directing the losing party to do something (like turn over land) or refrain from doing something (say stop an employer from requiring drug tests). Common types of civil cases include personal injury claims, breach of contract, and wrongful death actions.
Different Levels of Culpability
Many criminal definitions include the words “intentional,” “reckless,” or “knowing.” These words describe the person’s mental state when they committed the act. Criminal laws, for the most part, punish only those who deliberately acted in a harmful way. On the flip side, civil laws often address those who act in a negligent or improper manner that doesn’t live up to society’s expectations of how people should conduct themselves.
For instance, a person who intentionally pushes someone down a set of stairs commits the criminal act of assault. But had the victim slipped on ice and fallen down the stairs, the property owner may have been at fault for not clearing the ice but they didn’t intend for the victim to fall. Society would place the blame on the property owner by allowing the injured person to sue for money damages.
Different Ways of Bringing the Case
Because a crime offends not just the specific victim but society as a whole, we leave it to the government to bring the perpetrator to justice. A public prosecutor, such as a district attorney, charges and prosecutes the alleged offender. The prosecutor’s duty is to bring justice to the victim and society as a whole. This is why a criminal case is titled as “the People of California vs. Jones;” “State of Texas vs. Jackson,” or “United States v. Smith.” In a criminal case, it’s the government versus the accused.
A civil wrong, by contrast, is typically brought as a civil lawsuit by a private attorney (by the attorney hired by the slip-and-fall victim, for example). Here, the victim of the alleged wrong is the plaintiff, and the wrongdoer is the defendant. The plaintiff files their lawsuit in court. The lawsuit indicates what wrong the defendant allegedly committed and what remedy the plaintiff seeks. In the slip-and-fall case, the hurt victim might sue the property owner for negligence in poorly maintaining the staircase and seek money damages to pay for hospital bills relating to their injuries. The case name of a civil lawsuit will read, "Plaintiff Johnson (injured victim) vs. Defendant Hanks (person at fault).
Different Standards of Proof
Because the stakes in a criminal case are so high (incarceration), prosecutors must prove the defendant's guilt by proof beyond a reasonable doubt. Some put this at 99% certainty. Most civil lawsuits, however, require a preponderance of the evidence—in other words, it's more likely than not that the defendant is at fault (some put it at 51%).
Talk to a Lawyer
Just like we divide the law into civil and criminal cases, most lawyers divide and conquer as well. Many lawyers specialize in a certain area of law. They might even focus on representing one side of a case. For instance, in the criminal justice world, there are prosecutors and defense attorneys. In civil cases, the same is true: Some attorneys specialize in representing plaintiffs, while others primarily represent civil defendants. There are also lawyers who are considered general practitioners who work on a broad range of legal issues. No matter who you choose, make sure to find a lawyer who’s knowledgeable on the legal issue you’re dealing with.