Malicious Prosecution: When It Applies and How to File

When you’ve been wrongfully accused of a crime, it can feel like you’re living in a dream world — or, more accurately, a nightmare. Having to defend yourself against these accusations is difficult enough, but when a prosecutor is complicit by filing charges that they know are false or have little standing, it makes things even more challenging. However, you do have some legal recourse. The state of Pennsylvania allows wrongfully prosecuted defendants to file a malicious prosecution lawsuit in some cases.

What Is the Definition of Malicious Prosecution?

The criminal justice system is supposed to work in a way that ensures that those who have committed crimes are held responsible and that those who haven’t are either acquitted or not prosecuted at all. However, we don’t live in a perfect world, and in some cases, innocent people are prosecuted for crimes as a way to intimidate, harass, or punish them. When charges are brought against a person without sufficient evidence and with the purpose of causing them some type of damage, it’s malicious prosecution. Malicious prosecution can apply to both criminal and civil cases.

What Elements Do You Have to Prove to Win a Malicious Prosecution Case

Malicious prosecution cases focus on two main elements: the case lacked probable cause for criminal charges or reasonable grounds for a civil case, and there was malicious intent. What qualifies as malicious intent can vary widely, and it’s something to discuss with an attorney to see if it applies to your situation. However, in general, the prosecution or plaintiff must have had explicit knowledge that there wasn’t enough evidence to pursue a case, and they must have had some intent to cause harm, such as by damaging the defendant’s reputation or causing them financial losses.

It’s important to remember that what counts as sufficient evidence varies depending on whether it’s a criminal or civil case. In a criminal case, the prosecution must prove their case beyond a reasonable doubt. This requires more evidence than the burden of proof in a civil case, which is just a preponderance of the evidence.

Examples of Malicious Prosecution

Malicious prosecution cases are very specific in what elements must be present. In some situations, an abuse of process claim might be a better fit. Some common examples of malicious prosecution include:

  • Bringing a lawsuit or criminal charges against someone for political gain
  • Charging someone with a crime in an attempt to cover up police misconduct
  • Filing frivolous lawsuits against a business competitor in an attempt to cause them financial strain or harm to their reputation

If you’re not sure if your situation qualifies as malicious prosecution, discussing your case with an attorney can help you get insight into whether you have grounds for legal recourse. Even if a malicious prosecution case isn’t possible, there may be other legal options available.

When Should You Pursue a Malicious Prosecution Case?

Malicious prosecution cases can be difficult to prove, but if you believe that you were targeted and prosecuted unfairly and without evidence, you should speak with an attorney about whether you have a case. Malicious prosecution cases are handled in the civil courts. To meet the burden of proof, you will need to be able to convince a jury that it is more likely than not that someone intentionally and knowingly pursued a case against you without proper evidence and with malicious intent.

How to Pursue a Malicious Prosecution Lawsuit

The first step in pursuing a malicious prosecution case is to speak with an attorney. It’s helpful if you can come to your first meeting with a general overview of your case and documentation of any damages you suffered. In order to be able to pursue a malicious prosecution case through the civil courts, you have to have suffered some type of damages as the direct result of the other party’s actions. In a malicious prosecution case, this could involve financial losses if you were fired from your job or lost income from damage to your business’ reputation.

Once you have worked with an attorney to file your malicious prosecution lawsuit, there will generally be a time when both legal teams may attempt to negotiate a settlement. This can avoid a lengthy trial and help you get your compensation more quickly. However, it’s important to talk with your attorney about any settlement offers and ensure any amount that is negotiated is reflective of the fair value of your damages.

How Much Money Could I Get in a Malicious Prosecution Case?

The amount of damages awarded in a malicious prosecution case can vary greatly, depending on the circumstances involved and what damages the plaintiff suffered. The larger your damage, the more money you could be awarded. In general, you can be awarded compensation for both economic damages and noneconomic damages in a civil case.

Economic damages are relatively easy to quantify, and your attorney can help you determine the full amount of your losses. Noneconomic losses are a bit harder to add up because they aren’t tangible. This category includes things like your mental anguish from the case.

If you believe that you were a victim of malicious prosecution in Philadelphia or the surrounding area, contact Abramson & Denenberg to find out what legal options you may have. Malicious prosecution cases can be difficult to litigate, but our attorneys have the knowledge, experience, and dedication you need to win. Contact our office at 215-398-7066 to schedule an appointment to discuss your case with one of our attorneys.