When legal trouble arises, one of the first questions people ask is: Do I need a civil lawyer or a criminal lawyer? In Texas, understanding this difference can save you time, money, and help you get the right legal help fast. Whether you're involved in a lawsuit, facing charges, or just want to protect your rights, knowing which type of attorney to hire is critical.

This article explains the difference between civil and criminal law in Texas and when you should contact an Austin civil litigation lawyer

Civil Law vs. Criminal Law: The Core Difference

The primary distinction lies in who brings the case and what’s at stake.

Civil law deals with disputes between individuals, businesses, or entities. These cases typically involve financial compensation, contracts, property rights, or other private matters.

Criminal law, on the other hand, involves cases brought by the government against someone accused of breaking the law. The consequences can include jail time, probation, fines, or a criminal record.

In short:

Civil law = private disputes

Criminal law = offenses against the state

Examples of Civil Cases in Texas

If you're involved in any of the following scenarios, you may need an Austin civil litigation lawyer:

Contract disputes between individuals or businesses

Real estate disagreements, such as boundary disputes or breach of lease

Personal injury claims, like car accidents or slip and falls (though many personal injury lawyers focus on this niche)

Business torts, such as fraud or interference with contracts

Property damage caused by someone else’s negligence

Defamation or other harm to your reputation

Employment disputes, including unpaid wages or breach of non-compete agreements

The goal in a civil case is usually to recover money, enforce rights, or get a court order—not to punish the other party criminally.

When You Need a Criminal Defense Attorney

You’ll need a criminal lawyer if you’ve been:

Arrested or charged with a crime

Under investigation by law enforcement

Served with a warrant or subpoena from the district attorney

Accused of a felony or misdemeanor, such as DUI, theft, assault, drug possession, or domestic violence

A criminal defense attorney helps protect your constitutional rights, negotiates with prosecutors, and defends you in court. These cases are prosecuted by state or federal government agencies—not private citizens.

Key Differences in Legal Process

Understanding the legal process in civil vs. criminal cases can also help you determine what kind of lawyer you need.

1. Who Files the Case

Civil: An individual or business files the lawsuit.

Criminal: The state of Texas (or federal government) brings the case.

2. Burden of Proof

Civil: The plaintiff must prove their case by a preponderance of the evidence (more likely than not).

Criminal: The prosecution must prove guilt beyond a reasonable doubt—a much higher standard.

3. Possible Outcomes

Civil: Monetary damages, injunctions, declaratory relief.

Criminal: Jail time, probation, fines, criminal record.

4. Right to an Attorney

Civil: You’re not entitled to a free attorney. You must hire your own.

Criminal: If you can’t afford an attorney, the court will appoint one for you (public defender).

How an Austin Civil Litigation Lawyer Can Help

If you’re facing a legal dispute in Austin that doesn’t involve criminal charges, you may need the services of a qualified Austin civil litigation lawyer. These attorneys handle lawsuits and legal conflicts between individuals and businesses throughout Travis County and Central Texas.

Here’s how they can help:

Evaluate your case and explain your legal rights

Negotiate settlements before a lawsuit is filed

File and respond to lawsuits in state or federal court

Conduct discovery to gather documents and evidence

Represent you at trial, hearings, or mediation

Enforce judgments and protect your interests after the case concludes

Whether you’re the plaintiff or defendant, hiring the right civil attorney can make the difference between success and a costly mistake.

What If the Case Involves Both Civil and Criminal Issues?

Some situations involve both civil and criminal elements. For example:

A person who assaults someone may face criminal charges from the state and a civil lawsuit for damages from the victim.

An employee caught stealing may be prosecuted criminally and sued for breach of contract or conversion in civil court.

In these cases, depending on the type of risk involved, you may need both types of lawyers or work with a firm that can coordinate with outside counsel.

Final Thought: Know Your Case, Then Hire the Right Lawyer

When legal trouble hits, it’s easy to panic or hire the first attorney you find. But identifying whether your issue falls under civil or criminal law is a vital first step.

If your case involves business disputes, contracts, money, or property, not criminal accusations, then contacting an Austin civil litigation lawyer is your best move.

At Baker Law Group, PLLC, we help clients across Austin resolve complex civil disputes efficiently and strategically. If you’re unsure whether your case qualifies, we’ll review your matter and point you in the right direction.

Need help with a civil dispute in Austin?

Contact our team today to speak with an experienced Austin civil litigation lawyer and protect your legal rights from day one.