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by blindriver 24 days ago
Why should this be criminal and not civil?
2 comments

They intended to defraud this home owner engaged under contract for their own profit. This wasn't unforeseeable or accidental damage nor due to a misunderstanding on their part.

It's also not a dichotomy. It can be both criminal and civil. Victims always have the right to seek compensation in parallel with criminal punishment.

Another excellent legal statement from The Mafia /s

Aside from the obvious joke, I feel like a lot of people miss that you can pursue BOTH civil and criminal cases for a given crime. If a billionaire murders your spouse you absolutely can sue them for wrongful death. That doesn't preclude them to also going to jail for 20+ years.

It's probably easier to handle as civil negligence. Criminal damage has an intent component. Of course it would hinge on discovery - as soon as you find an email to the effect of "we know this will cause damage, let's test it on someone else's house", that counts as intent.