What is the difference between a civil and a criminal charge of fraud?
The main difference between a civil and a criminal charge of fraud in California is that criminal fraud is a crime, while civil fraud is a civil wrong or tort. Criminal fraud is an intentional deception made for personal gain or to cause harm to another person. Under California law, the penalties for criminal fraud can include fines, jail time, and other sanctions. Civil fraud, on the other hand, is when a person has acted wrongfully, but not criminally. It is a breach of contract or a breach of trust. It normally involves a monetary loss to the victim. The penalties for civil fraud can include civil damages, restitution, or other equitable remedies. In California, criminal fraud is handled by the district attorney who files criminal charges against the person accused of fraud. This type of charge is more serious, and the person accused may face a jury trial and, possibly, jail time or a fine. Civil fraud, however, is handled by civil court. A civil court judge will hear the case and may issue an order for restitution or other remedies. For civil fraud, the burden of proof is lower than for criminal fraud and jail time is not a penalty. In conclusion, the main difference between a civil and a criminal charge of fraud in California is that criminal fraud is a crime, while civil fraud is a civil wrong or tort. The penalties are different, with criminal fraud resulting in more serious consequences, such as jail time or fines.
Related FAQs
What are the penalties for bank fraud?What is the difference between a misdemeanor and a felony?
What is the difference between an indictment and an information?
What are the penalties for white collar crime?
What is the difference between bribery and illegal gratuities?
What are the consequences for computer fraud?
What is the penalty for obstruction of justice?
What are the penalties for corruption of public office?
How is tax fraud committed?
What are the penalties for conspiracy?
Related Blog Posts
Understanding White Collar Crimes and the Law - July 31, 2023An Overview of Penalties and Punishments for White Collar Crimes - August 7, 2023
Identifying Common Types of White Collar Crimes - August 14, 2023
What to Expect During a White Collar Crime Investigation - August 21, 2023
Proving Intent in White Collar Crimes Cases - August 28, 2023