Introduction:

At Liberators Criminal Defense, we recognize the unique and often complex intersection of criminal actions and civil litigation known as criminal torts. These situations are particularly intriguing because they permit individuals to seek compensation in civil court for acts that are also criminal offenses. This blog explores the intricacies of criminal torts and our approach to navigating these dual legal realms effectively.

The Dual Nature of Criminal Torts:

A tort, in civil law, refers to an act that causes someone else to suffer loss or harm, leading to legal liability for the person who commits the act. Criminal torts are acts that not only breach criminal laws but also provide a basis for civil lawsuits. Notable examples include assault, battery, and theft, where actions can be prosecuted criminally while also giving rise to civil claims for damages.

Distinctions Between Criminal and Civil Trials:

Criminal and civil trials for torts differ significantly in their legal standards. For a criminal conviction, the evidence must establish guilt "beyond a reasonable doubt." However, civil cases require proving the claim by "a preponderance of the evidence," meaning it is more likely than not that the claim is true, a decidedly lower threshold.

Unique Aspects of Criminal Torts:

• No Double Jeopardy: Double jeopardy does not apply in the context of criminal torts. It is legally permissible for an individual to face both criminal prosecution and a civil lawsuit for the same act.
• Compensation versus Punishment: Criminal procedures primarily seek to punish the offender and deter future offenses. Civil tort cases aim to financially compensate the victim.
• Interconnected Outcomes: Though they are separate proceedings, the results of criminal and civil trials can impact each other. For example, a criminal conviction may serve as substantial evidence in a civil lawsuit.

Notable Cases:

Criminal torts have been central to some high-profile legal disputes. The O.J. Simpson trial is an illustrative example, where Simpson was acquitted criminally yet found civilly liable for wrongful death and required to pay significant damages.

Challenges in Criminal Torts:

A primary challenge in criminal torts is securing damages. It's possible to win a civil case and still struggle to collect the judgment if the defendant lacks the resources, particularly if they are also incarcerated.

The Role of Defense Attorneys:

Defense attorneys navigating criminal torts must be proficient in both criminal defense and civil litigation. They must strategically manage the nuances of each case type, safeguarding their client's rights across multiple legal fronts.

Conclusion:

The complex realm of criminal torts showcases the delicate balance required between prosecuting wrongful acts and defending against layered legal challenges. At Liberators Criminal Defense, our expertise lies in handling both sides of this legal coin—ensuring justice for victims and robust defense for the accused. If you find yourself involved in a criminal tort case, contact us for comprehensive legal support tailored to meet the full scope of your needs.