{"id":353485,"date":"2016-05-13T12:46:18","date_gmt":"2016-05-13T17:46:18","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/malicious-prosecution.html"},"modified":"2023-08-21T09:18:17","modified_gmt":"2023-08-21T14:18:17","slug":"malicious-prosecution","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/malicious-prosecution.html","title":{"rendered":"Malicious Prosecution"},"content":{"rendered":"\n
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Malicious Prosecution<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Malicious prosecution occurs when one party has knowingly and with intent to harm initiated baseless litigation against another party. This includes both criminal charges and civil claims.<\/p>\n\n <\/div>\n\n\n\n

Prosecutors and lawyers don’t usually pursue criminal and civil cases that lack sufficient\u00a0evidence<\/a>. Occasionally, however, criminal charges or civil lawsuits are filed maliciously. The goal is to intimidate, harass, defame, or otherwise injure the other party.<\/p>\n

In response, the targeted person can file a malicious prosecution case in a civil legal proceeding.\u00a0 Malicious prosecution claims provide an essential check on potential abuses. This is because prosecutors have discretion over which cases are pursued. Similarly, private citizens are free to file lawsuits against anyone.<\/p>\n

Below, you can learn the basic elements of malicious prosecution \u2014 as well as possible remedies for victims. If you face unwarranted legal action against you, speak with a tort and injury lawyer<\/a> about how to protect your rights.<\/p>\n

What Is Malicious Prosecution?<\/h2>\n

A claim or cause of action can be for a civil wrong (tort). Malicious prosecution is an intentional<\/a>\u00a0“dignitary” tort. A dignitary tort is one in which the plaintiff claims injury to their human dignity. It is a category that also includes infliction of emotional distress and abuse of process.<\/p>\n

Malicious prosecution may be brought by someone against whom a criminal or civil action has proceeded:<\/p>\n