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posted on 11/4/16

Many criminal offenses also involve civil liability. For example, even if a defendant is found not guilty of homicide in criminal court, that person may be held liable for wrongful death in a subsequent negligence proceeding. The same thing holds true in domestic battery cases. However, in addition to civil liability and money damages, these cases often have tremendous repercussions in divorce and other family law matters.

Civil Liability

Battery is both a crime and a tort in Illinois, and although the elements are roughly the same, there are at least two key differences. First, civil courts only have the authority to award money damages, at least in most cases. Second, and more importantly, the standard of proof is much lower in civil court. Some people may remember the O.J. Simpson double murder trial from the 1990s. Although he was acquitted in criminal court, a civil jury later held him liable for the deaths of two people. So, although there was not enough evidence to convict Mr. Simpson beyond a reasonable doubt in criminal court, there was enough evidence to determine that, more likely than not, he was legally responsible.

In practical terms, the biggest difference may be a physical injury. Although injury is not a requirement per the assertive criminal defense attorney in Schaumburg, contact Glasgow & Olsson. Convenient payment plans are available.