Yes, you can pursue criminal and civil charges at the same time over the same incident. The two cases run on separate tracks with different people in charge, different standards for winning, and different outcomes, so nothing in the law forces you to pick one. What matters is understanding that you only control one of those tracks.
Who Actually Controls Each Case
A common misconception is that a crime victim “presses charges.” Only a government prosecutor can file criminal charges. Your role is to report the incident, cooperate with the investigation, and serve as a witness. The prosecutor weighs the evidence and the public interest and decides whether to move forward. You cannot force a reluctant prosecutor to charge someone, and you cannot stop a determined one from charging someone you would rather forgive.
The civil side is entirely yours. You file the complaint, choose your attorney, decide what claims to bring, and decide whether to settle or push to trial.1United States Courts. Civil Cases That kind of control does not exist on the criminal side.
Why Running Both Is Not Double Jeopardy
The Fifth Amendment’s Double Jeopardy Clause prevents the government from prosecuting someone twice for the same criminal offense.2Constitution Annotated. Amdt5.3.1 Overview of Double Jeopardy Clause It does not block a separate civil lawsuit over the same conduct. The Supreme Court has said Congress may impose both criminal and civil sanctions for the same act because the clause “prohibits merely punishing twice, or attempting a second time to punish criminally, for the same offense.”3Legal Information Institute. One Lot Emerald Cut Stones v. United States, 409 U.S. 232p>
The reasoning is direct. A civil suit is not a criminal prosecution. The parties differ (a private plaintiff versus the government), the purpose differs (compensation versus punishment), and the consequences differ (a money judgment versus prison). Because these are separate proceedings, double jeopardy never applies.
Different Standards, Different Verdicts
Criminal law treats the act as an offense against society, aimed at punishment and deterrence through prison, probation, or fines paid to the state. Civil law treats the same event as a private dispute aimed at making you financially whole. That single distinction drives most of what follows.
The most consequential piece is the burden of proof. A prosecutor must prove guilt “beyond a reasonable doubt,” the highest standard in the legal system. A civil plaintiff only needs to show a claim is more likely true than not, called “preponderance of the evidence.” Roughly 51 percent certainty on one side, near-total certainty on the other.
That gap is why an acquittal does not end a civil case. A “not guilty” verdict does not mean the defendant is innocent. It means the prosecution failed to clear a very high bar. The same evidence, judged under the civil standard, can still support liability. O.J. Simpson was acquitted of murder in 1995 and later found civilly liable for wrongful death.4Justia Law. Rufo v. Simpson (2001) Both verdicts were legally correct. If the criminal case against the person who harmed you collapses, your civil claim still exists.
How the Two Cases Push on Each Other
Legally independent does not mean sealed off. What happens in one case can shape the other in real ways.
A Conviction Can Shortcut the Civil Case
Once a defendant is convicted, the doctrine of collateral estoppel can prevent them from denying the same facts in a related civil lawsuit.5Office of Justice Programs. Use of a Prior Criminal Judgment as Collateral Estoppel Someone found guilty of assault beyond a reasonable doubt generally cannot then argue in civil court that the assault never happened. That often lets the plaintiff move straight to proving damages.
The Civil Case May Be Paused
When both cases are pending, the defendant faces a bind. Anything said in civil discovery could be used against them in the criminal prosecution. Courts sometimes pause the civil case until the criminal matter resolves, but there is no automatic right to it. Judges weigh how much the cases overlap, how far along the criminal case is, the burden on the plaintiff from delay, and the seriousness of the defendant’s Fifth Amendment concerns.
Silence Cuts Differently in Civil Court
In a criminal trial, jurors are told they cannot hold a defendant’s silence against them. Civil court plays by different rules. In Baxter v. Palmigiano, the Supreme Court held that a civil jury is permitted to draw negative inferences when a party refuses to answer by invoking the Fifth Amendment.6FindLaw. Baxter v. Palmigiano, 425 U.S. 308 (1976) A defendant who stays silent to protect the criminal case can pay for it on the civil side. This tension is a major reason courts sometimes stay the civil proceeding.
Money From the Criminal Case: Restitution
The criminal case itself can produce compensation. Under federal law, courts must order restitution for victims of violent crimes, property offenses, and fraud when the victim suffered physical injury or financial loss, and the order covers the full amount of the victim’s losses regardless of the defendant’s ability to pay.7Office of the Law Revision Counsel. 18 U.S. Code 3663A – Mandatory Restitution to Victims of Certain Crimes Most states have their own restitution laws for state-level convictions.
Restitution can cover medical expenses, therapy and rehabilitation, lost income, funeral expenses in death cases, and costs incurred participating in the prosecution such as childcare and transportation. If you later win a civil judgment for the same losses, restitution already paid is typically credited against the civil award so you are not compensated twice.
Money From the Civil Case: Damages
A successful civil lawsuit produces a damages award paid directly to you. Courts may also issue injunctions ordering the defendant to do or stop doing something. In cases involving malicious, reckless, or oppressive behavior, courts can add punitive damages on top of compensatory damages, meant to punish the defendant rather than reimburse you.8Ninth Circuit District & Bankruptcy Courts. 5.5 Punitive Damages The criminal system has no equivalent, because the sentence itself carries the punishment.
A Deal on One Side Does Not End the Other
Settling your civil lawsuit does not make the criminal case go away. A settlement is a private agreement about money. The government’s authority to prosecute is separate, and no private release can strip it away. Even a full release of civil claims leaves the prosecutor with full discretion to charge, try, and convict.
The reverse holds too. A plea bargain or criminal sentence does not prevent you from filing a civil lawsuit. A fine paid to the government or time served does not compensate you for your personal losses. These are separate obligations pointing in separate directions.
Watch the Deadlines
Criminal and civil cases run under separate statutes of limitations, and the deadlines rarely match. Criminal windows vary widely with the severity of the offense, and many serious felonies, including murder in most jurisdictions, have no time limit. Civil deadlines tend to be shorter and stricter. Personal injury lawsuits typically must be filed within two to three years of the incident in most states, though the exact window depends on the claim type and jurisdiction.
Two timing traps deserve attention. Your civil deadline can expire while the criminal case is still under investigation or working its way through court, so waiting for the criminal outcome before filing is a costly mistake. And claims against government entities often carry much shorter notice deadlines, sometimes as little as six months. If a government employee caused your harm, check those deadlines right away.