Thinking about a career in criminal law? Whether you’re driven by the idea of defending the wrongly accused, upholding justice as a prosecutor, wearing the robe of impartiality as a judge, or simply living out your “Law & Order” dreams, criminal law offers a rewarding but challenging path. But what exactly is criminal law, and how does it differ from civil law? More importantly, what does practicing criminal law actually look like, and where could it take you? Let’s unpack everything you need to know.
What is Criminal Law?
At its core, criminal law governs behaviors deemed offenses against the state, government, or public. When someone commits a crime—be it robbery, fraud, or even jaywalking—it’s criminal law that holds them accountable.
When we talk about criminal law, we refer to statutes, regulations, and legal principles that define crimes (like theft, assault, or murder), determine punishments, and outline procedures for bringing offenders to justice. Think of the definition of criminal law as the area of law tasked with maintaining societal balance.
The Key Players in Criminal Law
Before we go any further, here’s a quick rundown of the major roles in criminal law—not too different than other areas of law. Once you understand these, you might start seeing where you fit in the grand legal stage.
- Prosecutors are the legal representatives of the state (and in this case, the state usually works on behalf of the victims). They bring charges against individuals and work to prove their guilt in court.
- Defense attorneys work on the opposite side, defending individuals accused of committing crimes.
- Judges maintain neutrality (of course) yet have the final say, ensuring the case is conducted fairly and within the law.
Imagine it as a highly strategic game of chess. Each player has a distinct role and objective, but fairness and rules govern the process every step of the way.
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How Much Does A Criminal Lawyer Make?
According to Salary.com, the average annual salary for a criminal defense lawyer in the U.S. is $105,858, with pay ranging from $91,197 to $122,684. However, pay varies greatly by location.
The Different Levels of Criminal Law
Let’s start at the state level. The best description of life as a public defender or district attorney is hectic. Invariably, state criminal law practitioners are up to their ears in cases. The bulk of these cases will never go to trial, as the parties will negotiate pleas. A large chunk of time is spent at arraignments and other pretrial hearings. On the defense side, attorneys try to spend time with each of their many clients to get a sense of the pleas they’ll choose to accept or the strategies they want to put forward. All in all, you probably won’t get very many “Perry Mason moments” of courtroom drama if you choose to go into state-level criminal work, but you will definitely spend a lot of time arguing for or against Fourth Amendment motions to suppress.
Life in the world of federal crime is a little different, but there are many similarities. Cases can include immigration offenses, drug charges, securities fraud (and other white-collar crimes), and violent crimes, among others. As at the state level, most of these cases plead out. Federal criminal attorneys spend a lot of time at proffer sessions, interviewing cooperating witnesses, and otherwise building their cases.
The key difference between federal and state-level criminal work is the federal prosecutor’s ability to exercise discretion in choosing the cases they bring. Federal prosecutors can choose how to allocate their resources. As a result, the caseload, while still large, is less onerous than at the state level.
What is the Difference Between Civil Law and Criminal Law?
Now that we’ve outlined what criminal law entails, you might be wondering how it stacks up against civil law. While both are key pillars in the legal system, they address fundamentally different issues.
An essential distinction between criminal law and civil law is that criminal cases involve crimes against society as a whole, even if there’s an individual victim. For example, stealing someone’s wallet isn’t just about the victim—it’s about deterring theft as a broader societal offense. Civil law, on the other hand, deals with private disputes, like two neighbors arguing over property boundaries or someone suing for breach of contract.
Criminal Law
- Addresses offenses against the state or public (e.g., theft, assault, fraud).
- The state prosecutes the case, and penalties can include fines, community service, or imprisonment.
- The burden of proof is “beyond a reasonable doubt.” The burden of proof is always on the state/government.
Civil Law
- Handles disputes between private parties (e.g., divorce, property conflicts).
- Cases are initiated by individuals or organizations.
- The burden of proof is lower—usually referred to as “preponderance of the evidence.” The burden of proof falls on the plaintiff.
What if Criminal Law Isn’t for You?
Although criminal law is close to what most people think “lawyering” is, it isn’t the only path for aspiring lawyers. There are numerous other impactful practice areas, such as:
- Public Interest: Working for non-profits or government agencies to advocate for social justice.
- Environmental: Dealing with laws that affect how people and nature interact.
- Big Law: Big Law attorneys can handle corporate transactions, high-stakes litigation, and serve clients ranging from Fortune 500 companies to international conglomerates.
Final Thoughts
Most criminal lawyers feel passionately that they are helping effectuate justice, either by putting away bad guys or by checking the government’s ability to incarcerate the citizenry. Ultimately, it can be a rewarding job, albeit with ethical and moral dilemmas that do not accompany the work of closing a corporate deal or putting together a memorandum on zoning restrictions or insurance coverage.
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About the Author
The Blueprint LSAT Team is a collective of experienced educators and LSAT experts with over 20 years of experience in LSAT prep and law school admissions. Our goal is to make LSAT prep not only effective but also engaging, breaking down complex concepts into clear, accessible lessons. Whether it’s through innovative LSAT prep courses, personalized tutoring, or engaging online content, the Blueprint LSAT Team is committed to helping students excel and feel confident on test day. Vist our website to meet our tutors and instructors.
