What Is Malicious Prosecution?

When civil lawsuits or criminal charges are maliciously filed with the intention to harass, intimidate, defame, or cause injuries to another person, actions are referred to as malicious prosecution.

Understanding Malicious Prosecution Claims

Malicious prosecution occurs when one party knowingly and maliciously initiates a baseless claim against another party without probable cause. The claim can take the form of a civil or criminal lawsuit, but the basic cause of action remains the same. While criminal attorneys must establish proof of guilt, attorneys in civil cases must prove quantifiable damages such as costs related to property damages, medical injuries, loss of income, and pain and suffering.

When one party files a malicious prosecution lawsuit against another party, the accused can retaliate with an intentional dignitary tort action. This action allows the accused party to file an injury claim for abuse of process and emotional distress. In some cases, prosecutors pursue civil or criminal actions without just cause, so this tort provides an essential check on claims filed with malicious intent for potential abuses.

In a malicious prosecution claim, courts usually agree on basic requirements of the claim, but some states may vary slightly. Generally, basic requirements include:

  • The original claim was brought with intention to cause harm
  • The original claim was brought without any probable cause
  • The original claim was instigated with malicious forethought
  • The original claim resulted in civil or criminal litigation
  • The civil or criminal litigation caused harm or injury to the defendant
  • The prior litigation was dismissed in favor of the plaintiff

Most states allow recovery for malicious prosecution claims based on civil lawsuits, if the the defendant in the original case can prove malicious intent and lack of probable cause. In general, any criminal proceeding filed with intent to cause harm and that lacks probable cause may give rise to a malicious prosecution claim, even if the claimant was convicted. Even a search warrant issued without probable cause may trigger a malicious prosecution claim by a criminal defense attorney.

Actual damages for a malicious prosecution claim depend on the severity of emotional and physical damages caused to the wrongfully accused. In criminal cases, emotional pain is more severe, if the claim filed with malicious intent resulted in criminal charges and a conviction resulted in jail time. In many cases, a jury finds that the fear of a criminal trial and conviction alone is enough to award damages for severe emotional distress.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

The Surprising Cost of a Guilty Criminal Plea in Minnesota

Defendants in Minnesota may plead guilty or accept deals without understanding the hidden cost of a guilty criminal plea. A guilty criminal plea, regardless of how appealing it appears, can leave you dealing with substantial lifelong consequences. You may skip lengthy trial proceedings and likely get a lenient sentence, but end up with a criminal record. The record can lead to various financial and collateral consequences, including difficulty in securing employment, loss of housing rights, license revocation, and immigration issues.

What You Can Expect at a Pre-Trial Motions Hearing in Minnesota

The pre-trial motions hearing is a court session you attend after your first arraignment. At the hearing, the prosecution and defense appear before a judge to clear several details about the case before trial. These details include pre-trial motions, evidentiary queries, and constitutional matters.

Refusing Arrest vs. Resisting Arrest in Minnesota: What’s the Difference?

Highly publicized incidents of police using excessive force over the past few years have led to people wondering, “What’s the difference between refusing arrest vs. resisting arrest?” Resisting arrest in Minnesota occurs when you use force to prevent a police officer from making a lawful arrest. Refusing an arrest, on the other hand, involves statements or actions that show reluctance to cooperate with an officer’s instructions without using force.