When it comes to fraud, there are two distinct types of legal proceedings: civil and criminal. In a civil case, the plaintiff must prove that the defendant caused harm through fraudulent activities. On the other hand, in a criminal fraud case, the prosecution must prove that the charges are true and that the person committed fraud beyond a reasonable doubt. In a civil fraud case, it is the victim of the fraud who initiates legal action against the defendant.
The victim will file a lawsuit and list all of the damages they have suffered as a result of the fraud. These damages can include both economic and non-economic losses. The goal of pursuing a civil fraud case is to obtain justice and reimbursement for the victim. In contrast, criminal fraud cases are initiated by prosecutors who must prove that the offender intended to commit the misrepresentation and take advantage of it.
The standard of proof in a criminal case is much higher than in a civil case, as prosecutors must prove guilt beyond a reasonable doubt. The main difference between civil and criminal fraud is who initiates legal action in each case. In addition, for a civil fraud case to be successful, actual damage must have occurred. Other available defenses for criminal fraud include insanity, necessity, coercion, error, self-defense, and automatism.At The Coolidge Law Firm, we have successfully conducted civil fraud cases on behalf of many clients.
We understand how difficult it can be to face charges of fraud and are here to provide you with the legal representation you need. Contact us today to learn more about how we can help.