One of the most upsetting and harmful things a person can endure is being charged with a crime they did not commit. It becomes more than merely unfair when those allegations are brought out of malice, personal retaliation, or abuse of power rather than based on solid evidence or reasonable suspicion. It is a violation of civil rights and turns into malicious prosecution.
If your case satisfies specific legal requirements, you may be able to sue for false allegations in California. We at Kirakosian Law have made it our goal to assist victims in holding wrongdoers accountable because we recognize the devastating effects that malicious prosecution can have. With the assistance of a reputable malicious prosecution attorney in California, this guide will explain what malicious prosecution is, how it differs from false arrest, and what you must demonstrate in order to successfully bring a claim.
What Is Malicious Prosecution?
When someone starts or maintains legal action against another individual without probable cause and with malice, it is known as malicious prosecution. This frequently refers to criminal charges brought or pursued by law enforcement, prosecutors, or other officials who knew or should have known the allegations were unfounded in the context of civil rights.
Malicious prosecution entails the abuse of the judicial system itself, as contrast to a straightforward unlawful arrest. This could include:
- Being charged out of retaliation for filing a complaint against an officer
- Facing charges after exercising your First Amendment rights
- Being prosecuted despite clearly exonerating evidence
- Being dragged through court proceedings that never should have happened
These cases don’t just cause emotional harm—they can upend your entire life. That’s why California law provides victims of malicious prosecution the right to sue and pursue damages.
Malicious Prosecution vs. False Arrest
Although both are civil rights violations, it’s important to understand the difference:
- False arrest happens when someone is unlawfully taken into custody without probable cause.
- Malicious prosecution occurs when someone is prosecuted (i.e., formally charged and taken through the court process) without probable cause and with malicious intent.
You could be falsely arrested but never charged. You could also be lawfully arrested, but later prosecuted maliciously. These claims are distinct, and the legal strategies for pursuing each differ.
At Kirakosian Law, we specialize in identifying which civil rights were violated and how to build the strongest case possible—whether for false arrest, malicious prosecution, or both.
What You Must Prove to Sue for Malicious Prosecution in California
To successfully sue for malicious prosecution in California, you need to establish four key elements:
1. The Case Was Initiated or Continued by the Defendant
This means the person or agency you are suing either started the case or allowed it to continue even after they should have known it had no merit. In civil rights cases, the defendant is often a police officer, prosecutor, or government official.
2. The Case Ended in Your Favor
You must show that the criminal case was resolved in a way that indicates your innocence. This could be a dismissal, an acquittal, or any outcome other than a conviction. A hung jury or a plea to a lesser offense may not qualify.
3. There Was No Probable Cause
Probable cause is the reasonable belief that a crime was committed. If you can show that there was no valid reason to suspect you, this element is met.
4. The Case Was Brought With Malice
Malice means the case was brought out of hostility, revenge, or some other improper motive—not genuine belief in your guilt. This can be shown through the officer’s actions, prior history, or inconsistencies in their behavior.
Common Examples of Malicious Prosecution in California
Here are a few real-world scenarios that could give rise to a claim:
- A man reports police misconduct and is suddenly charged with resisting arrest—despite no such incident occurring.
- A woman who refuses to cooperate with an officer’s questionable demands finds herself charged with obstruction.
- Someone is arrested, held, and charged without any evidence, simply because they “fit a description.”
These are not just unethical—they are unlawful.
Step-by-Step Guide: How to Sue for Malicious Prosecution
Step 1: Consult a Civil Rights Lawyer in California
The first and most critical step is to consult with a civil rights attorney—preferably one with a proven track record in malicious prosecution cases. Greg Kirakosian has successfully handled many of these cases in Los Angeles and beyond.
Step 2: Collect Evidence
Work with your attorney to gather all the necessary documentation:
- Court records
- Police reports
- Body cam or surveillance footage
- Witness statements
- Communications that show intent or retaliation
Step 3: Evaluate the Case Outcome
Your attorney will assess how the criminal case ended and whether it qualifies as a favorable termination.
Step 4: Build a Legal Strategy
Together with your legal team, you’ll outline a case that demonstrates malice, lack of probable cause, and damages—both economic and emotional.
Step 5: File a Lawsuit
Your attorney will file the lawsuit within the legal deadline (usually two years for civil rights claims in California). From there, they will represent you in negotiations or in court.
Why Greg Kirakosian Is the Right Choice
Greg Kirakosian has no qualms about confronting government or law enforcement. He is well-known throughout California and Los Angeles as a tough civil rights lawyer who prevails. His method is strategic, personal, and motivated by a strong sense of fairness.
Greg will not only listen, he will take action if you feel that you were the target of malicious prosecution. And he will support you until your name is cleared and your privileges are restored.
Take the First Step Toward Justice
Don’t wait if you have been the target of false accusations. Even if the legal system has let you down in the past, it doesn’t have to do so again.For a free, private consultation, get in touch with Kirakosian Law right now. We’ll assist you in comprehending your choices and constructing a case for justice.