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Legal malice is a term that refers to one party’s intention to do injury to another.  Malice can either be expressed or implied.  Expressed malice occurs when the party gives outward notice that they intend to commit a crime or some other wrong towards another.  Implied malice occurs when one party causes death or injury to another during the course of unlawful or disreputable actions.  Malice generally involves the intentional infliction of physical, mental, psychological, or financial damage to another party. 

Acts of malice that cause injury to another party are actionable offenses in both the civil and criminal legal systems.  Criminal litigation can be pursued for the criminal element of the malicious act or acts in question.  Through a criminal case, a defendant may face charges punishable by incarceration, punitive fines, probation, community service, compulsory educational programs, and more.  Criminal claims against those who have committed injurious acts of malice are pursued by government prosecutors. 

Acts of malice are also punishable through a civil lawsuit.  A civil lawsuit is filed on behalf of the victim(s) of malicious conduct.  Through a civil lawsuit, a victim can seek monetary relief from their losses as a result of malice.  In a civil case, a victim has the legal right to sue for personal injury, wrongful death, property damages, and other losses caused by the malice.  These legal cases are often referred to as intentional torts.  The victim may also be able to seek punitive restitution from the defendant through intentional tort cases involving malice.

There are a few different acts of malice that are common in civil and criminal cases.  Assault is the action of intentionally threatening or causing physical or emotional harm to another person.  Battery, a type of malice similar to assault, requires actual physical contact.  Intentional infliction of emotional distress is another form of malice that involves extreme and outrageous acts committed by one party to provoke the emotional suffering of another person. 

False imprisonment is an action of malice whereby one party intentionally and unlawfully restricts another party’s freedom of movement against their will for any period of time.  To be an actionable offense of malice, certain criteria must be met.  Fraud or misrepresentation is an example of malice that is committed when a person intentionally deceives and causes damages to another person.  Trespassing, or the intentional and unlawful entrance onto another’s property, is another type of malice that is civilly and criminally actionable.  Conversion or “trespass to chattels” are other examples of malice which involve the intentional and unlawful possession of another person’s property for any given period of time.

When matters of malice are at hand in a civil case, it may not be necessary to prove that damages were caused, intention may be sufficient to judge against the defendant.  There are several methods of defense in cases of malice that may prove helpful to the defendant in these cases.  For more information about malice, please contact us to speak with an attorney who can help. 

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