When someone is unjustly the target of criminal or civil procedures without probable cause, and when the real motivation behind the case is not justice but rather personal animosity, harassment, or retaliation, this is known as malicious prosecution.
For instance, you might have been the victim of malicious prosecution if you were detained or brought before the court without sufficient evidence and it later transpired that the allegations were unfounded and brought out of animosity or bias.
In addition to wasting time and money, this type of legal abuse can harm a person’s independence, profession, reputation, and mental health. Indeed, you have the right to pursue justice if this has happened to you.
Can I Sue for Malicious Prosecution?
Yes. In California and across the U.S., you can sue for malicious prosecution if you meet certain legal requirements. A malicious prosecution lawsuit is a civil claim, meaning you’re not trying to put the person who wronged you in jail—you’re asking the court to hold them financially accountable for the harm they caused.
To win a malicious prosecution case, your attorney will need to prove the following:
- A prior legal action was brought against you—criminal or civil.
- The action ended in your favor—for example, the case was dismissed or you were found not guilty.
- There was no probable cause—the case had no legitimate basis.
- It was motivated by malice—the case was filed to harm or harass you.
- You suffered damages—financial loss, emotional distress, reputational harm, or other injuries.
These cases can be complex, but they are absolutely winnable with the right legal team behind you. And that’s where an experienced civil rights attorney like Greg Kirakosian comes in.
How to Sue for Malicious Prosecution
Filing a lawsuit for malicious prosecution starts with partnering with a skilled civil rights lawyer who understands how to investigate and challenge abuses of power. At Kirakosian Law, we take these cases seriously because we know what’s at stake—your reputation, your peace of mind, and your future.
Here’s how the process typically works:
- Case Review and Investigation: We start by reviewing the previous case that was brought against you. We’ll gather all necessary documents, witness statements, and court records to establish the facts.
- Determining Probable Cause and Malice: We’ll look for signs that the prosecution lacked real evidence or was driven by bias, revenge, or other improper motives.
- Filing the Civil Complaint: Once we have a strong foundation, we file a lawsuit against the responsible party—this could be a private individual, or in some cases, a government actor who acted outside the scope of their duties.
- Litigation and Settlement: From there, we aggressively pursue compensation through negotiations or, if necessary, in court.
Many clients ask, how to sue for malicious prosecution when the person responsible is a prosecutor or a police officer? This is where legal nuance is key. While prosecutors generally have broad immunity, that protection doesn’t apply if they acted outside their legal authority—like falsifying evidence, coercing witnesses, or pursuing charges they knew had no basis.
What Is Malicious Prosecution Worth? How Much Can I Sue For?
The value of a malicious prosecution lawsuit depends on the specific damages you’ve suffered. This can include:
- Emotional Distress: Anxiety, depression, fear, or trauma from facing wrongful legal action.
- Loss of Income: Wages lost from being unable to work while defending yourself in court.
- Legal Fees: Money spent hiring a defense attorney to fight false charges.
- Reputational Damage: Harm to your name or career, especially in high-profile cases.
- Punitive Damages: In some cases, courts may award extra compensation to punish the wrongdoer.
So, how much can I sue for malicious prosecution? There’s no one-size-fits-all number, but successful cases can result in tens or even hundreds of thousands of dollars in compensation—especially when the emotional and financial impact is significant.
At Kirakosian Law, we fight for every dollar our clients deserve. No one should have to carry the weight of false accusations alone. When we take on your case, we treat it like it’s our own.
Why Work with Greg Kirakosian?
Greg Kirakosian has established himself as one of California’s leading civil rights lawyers, especially when it comes to bringing prosecutors, law enforcement, and other influential people responsible. At Kirakosian Law, we have successfully resolved instances involving malicious prosecution and assisted clients in getting their lives back on track following unjust legal assaults.
Greg is aware of the trauma and injustice of being singled out without reason. He takes a firm stance in court while yet showing empathy for his clients. You want a strong advocate who won’t back down when your civil rights have been infringed, not just legal counsel.
Trust In Kirakosian Law
You don’t have to accept it and go on if you were the target of malicious prosecution. You can successfully defend your legal rights with the correct assistance.
You’re starting down the path to justice by collaborating with Kirakosian Law. Greg Kirakosian is available to help you at every stage, whether you’re unsure of how to file a lawsuit for malicious prosecution or how much you can sue for it.
Don’t let unfounded accusations dictate your future. For a free consultation, get in touch with Kirakosian Law right now.