Most infractions are punishable only by a fine (called a “penalty” in the case of an infraction), plus the payment of court costs. Many of the most commonly-charged traffic offenses are infractions, like failing to stop for a stop sign. In North Carolina, an infraction is a non-criminal violation of the law. One important difference between a misdemeanor and a felony is that conviction for a misdemeanor generally does not cause the defendant to lose the rights of citizenship. Like a felony, conviction for a misdemeanor might result in fines and/or jail time, though the punishments for most misdemeanors are much less severe than for felonies. What is a misdemeanor?Ī misdemeanor is a crime less serious than a felony. Most of these rights, including the right to vote, can be restored after the sentence is fully served and any period of post-release supervision is completed. In North Carolina, conviction for a felony also deprives a defendant of certain citizenship rights like the right to vote. What is a felony?Ī felony is a serious crime that can carry severe punishments. In a criminal case, a defendant is a person who has been charged with a crime (or an infraction). See the Domestic Violence Help Topic for more information. Additionally, victims of certain crimes like domestic violence, sexual assault, or stalking can file for civil orders requiring the defendant to stay away and have no contact with them. See the Lawsuits Help Topic for more information. This civil lawsuit usually is intended for the victim to get money to make up for their loss and is a separate case from the criminal charge. If someone is injured or their property is damaged due to a crime, that person also might sue the person who committed the crime. Can there be a civil lawsuit and criminal charges for the same event? In civil cases, the party who filed the case is responsible for pursuing it, and the parties must obtain their own attorneys, unless they plan to represent themselves in court. In North Carolina, the district attorney for each district is responsible for prosecuting all criminal cases (and infractions, discussed below). In civil court, one party files a lawsuit against another, asking for money or for a court order against the other party. In criminal court, the government (usually referred to as “the State”) prosecutes a person for breaking the law, with the possibility of punishment like jail time or a fine. What is the difference between criminal and civil court?
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