Legal Question in Business Law in New York

Re: torts & negligence

generally, torts are heard as civil matters and not criminal matters... as a result there is no criminal penalty for a tortious claim...

so as far as a tort the punishment you should fear most in such a situation would be wholly monetary...

Re: torts & negligence

Mr. Gonzalez's answer is correct as to tort.

To get criminal liability (jail time), the tort must ALSO be classified by statute as a criminal offense. Many are: the crime of battery is a severe version of the tort of battery; the crime of stealing can be viewed as the criminal version of the tort of conversion; trespass can be criminal or civil.

The individual as the victim of the tort/crime, can sue the perpetrator in civil court, but you must rely on the governmental unit involved (county, state, feds) to take the perpetrator to criminal trial. You, of course, get to file a complaint, and, if needed, you might be called to testify by the prosecutor, but it's the people of the state who are the plaintiffs in a criminal trial, not the individual victim.

The standard of proof is much higher in a criminal case than it is in a civil (tort) matter. That's why O.J. Simpson got found not guilty of the murders of his wife and her boyfriend, but got held civilly liable in a civil court for the tort of wrongful death of his wife and her boyfriend (for which he never went to jail, but ended up paying LOTS of money).

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