Legal Question in Criminal Law in New York

civil court

3 questions. (1)if a person was found not guilty in a criminal assault trial could he still be liable by a jury in civil court and why? (2)where would a trial tkae place if someone pleaded not guilty? (3)who would make the determination if someone was entitled to punative damages? remember these are all for new york city/state.


Asked on 8/25/05, 9:40 pm

1 Answer from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: civil court

Yes a civil suit can still be filed. The reason is the standard of proof is different. while you can be found not guilty beyond a reasonable doubt, the civil standard of proof is lower. The plea or verdict is not relevant. The jury determines punitive damages.

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Answered on 8/26/05, 7:21 pm


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