When it comes to criminal law, there are two types of torts according to Cornell Law: negligent and intentional. Both can result in criminal charges, but they have different legal consequences. Read on to learn more about the basics of criminal law.

Negligent Torts

Negligent torts occur when someone fails to take reasonable care and causes harm to another person as a result. For example, if a driver runs a red light and hits a pedestrian, the driver could be charged with negligence.

Negligent torts can be further divided into two categories: pure and contributory. Pure negligence is when the defendant breaches their duty of care but there is no intervening cause. For example, if a driver is texting and hits a pedestrian, that would be an instance of pure negligence. If the driver had been drinking and hit the pedestrian, that would be contributory negligence because the defendant's intoxication contributed to the accident.

Contributory negligence is much more common than pure negligence. In contributory negligence, the defendant breaches their duty of care, but there is an intervening cause that breaks the chain of causation. For example, if a driver hits a pedestrian, but the pedestrian was crossing the street illegally, the driver would be considered negligent. Even though the driver breached their duty of care, the pedestrian's own actions contributed to the accident and led to them being injured.

Intentional Torts

Intentional torts occur when someone deliberately causes harm to another person. For example, if someone attacks another person with the intention of causing them bodily harm, they could be charged with an intentional tort. Intentional torts are the most serious type of personal injury tort.

There are two categories of intentional torts in criminal law: direct and indirect. A direct assault is when the defendant makes an overt act that puts the victim in immediate fear of being harmed. For example, if someone walks up to you and starts swinging a knife, they would be guilty of direct assault. Indirect assault is when the defendant does not make an overt act but instead causes the victim to reasonably fear for their safety. For example, if someone sends you threatening text messages, they would be guilty of indirect assault.

If you're facing criminal charges relating to negligent or intentional torts, you shouldn't go to court without a lawyer to guide you. An experienced criminal law attorney can help you understand your rights and options to pursue the compensation you deserve. Reach out to Sodomsky & Nigrini for a free consultation today.