How serious is malicious prosecution?

Even if it is a bogus claim or from an unsubstantiated criminal charge, a malicious prosecution can lead to a variety of injuries. In both cases, the plaintiff can claim punitive and compensatory damages.

What must a party sue for malicious prosecution?

A suit for malicious prosecution must be won by the plaintiff by proving four elements. The original case was ended in favor of the plaintiff. The defendant had an active role in the case. The defendant did not have probable cause and reasonable grounds to support it. And the last element is that the defendant started or continued the case with an illegal purpose. Each of these elements is a challenge for the plaintiff.

What is considered malicious intent?

Malicious intent is when someone acts willfully or voluntarily to cause harm and is done without any legal justification.

Is intent hard to prove?

Intent is a mental state and is, therefore, one of the most difficult to prove. It is rare to find direct evidence that a defendant intends to commit a crime since almost no one will admit it. Circumstantial evidence is required to prove criminal intent.

Do you take clients who can't speak English?

For your convenience, Lebedin Kofman LLP is capable of catering to clients who speak Spanish, Korean, Russian, Portuguese, and Mandarin.

How much do I pay for a consultation?

Lebedin Kofman LLP offers a free consultation. If you have been charged with a crime, getting the help of a skilled New York City criminal defense lawyer is very important. We can help you navigate the complexities of the justice system.

Where is your office located?

Our main law office is located at 26 Broadway, 3rd FL, New York, NY 10004. If you'd like to visit us, feel free to do so. We are open 24 hours a day, 7 days a week.

Do you have other office locations?

Yes. We also have a law office in Forest Hills. It is located at 118-35 Queens Blvd. #940 Forest Hills, NY 11375.

How can I contact Lebedin Kofman LLP?

If you need the help of a New York criminal defense lawyer, you can call us at (646) 663-4430. You can also send us an email at info@lebedinkofmanlaw.com. Another way to contact us is by filling up the contact form on our website at https://www.lebedinkofman.com/contact-us/

Malicious Prosecution Lawyers in New York

Q: What is Considered Malicious Prosecution?

Malicious prosecution refers to when one party makes another subject to a criminal or civil lawsuit in order to cause them damage. Malicious prosecutions can cause victims to lose a lot of time, money, and energy due to the overflowing court system.

What is Considered Malicious Prosecution?

Our court system should be utilized to administer justice. It should never be used by one party to deliberately harm or harass another.

Malicious prosecution occurs when one party subjects another party to a baseless civil lawsuit or criminal prosecution in an attempt to inflict damage upon them.

With our already backlogged court system, a malicious prosecution can cost the victim exorbitant amounts of money, time, and energy. Before you make any decisions, speak with an experienced Manhattan criminal attorney.

In order to win a malicious prosecution case, your attorney will need to prove the following:

The law enforcement officer you are suing is the one who began the prosecution.
The case resulted in an acquittal, a rejection of the case by a grand jury, or a dismissal of the charges by the court. In other words, it needs to have ended in your favor.
The true intent of the prosecution was to harass, embarrass, or otherwise cause harm to you, or it was brought for some other malicious reason other than administering justice for a crime.
The prosecution was brought without probable cause.

If you believe you are the victim of malicious prosecution, you should speak with a knowledgeable attorney right away. At Lebedin Kofman LLP, our civil rights lawyers in New York have an extensive track record of success in this complicated practice area. Our legal team can protect your rights and help you make well-informed decisions every step of the way through the process. We are committed to helping our clients recover the fair and full compensation to which they are entitled. Also, we are available 24/7, so you can rely on us to be there for you when you need us most.

Call Lebedin Kofman LLP today at (646) 663-4430 or contact us online to schedule a free initial case evaluation with our New York malicious prosecution attorneys.

Types of Damages You Can Recover

Being prosecuted for a crime can be extremely stressful, time consuming, costly, and even frightening. This is especially true for individuals who were completely innocent.

Therefore, victims of malicious prosecution may be eligible for any of the following types of damages:

Non-economic damages. These damages are those that do not come with a specific dollar amount, but they represent harm to your quality of life, such as suffering, pain, stress, mental anguish, and damage to vital relationships.
Economic damages. These damages are those that can be proven by showing pay stubs or employment records to show court costs, legal bills, time lost from work, and, in some cases, medical bills.
Punitive damages. If the defendant engaged in particularly malicious, intentional, or egregious wrongdoing, a jury may award you punitive damages as a means of punishing the defendant.

Our attorneys know how important these matters are to you, which is why we will fight for the maximum compensation you deserve. You can trust us to strongly represent your best interests both in and out of the courtroom.

Why You Need an Experienced Malicious Prosecution Lawyer

You need to seek legal help immediately if you are being subjected to malicious or false prosecution. You need an attorney that is ready to meet with the NYC prosecutor, especially if you are facing a criminal charge in New York City.

An excellent defense lawyer will investigate and correct any wrongs done. They will also seek out evidence to prove:

Inadvertently failing to give complete and truthful statements about charges against you
Failing to investigate all allegations against you
Fraudulent or misleading representation of evidence
False means of obtaining apparent probable cause
Unwarranted Indictment

The legal action in a malicious prosecution case is technically focused on the misuse of the legal system and not the allegations of untruthfulness or defamation against the plaintiff. An investigation that is required in order to bring a malicious prosecution case may reveal that the prosecutor was not acting in good faith, but was actually misled by the police. Sometimes, a third party involved in the case may have misled police or district attorneys and could be the subject of a malicious prosecution complaint.

A successful malicious prosecution case will result in full and appropriate restitution for you for any damage you sustained and all pain suffered. The court also receives an apology from the prosecutor and/or other wrongful abuses of your rights and the justice system.

Call (646) 663-4430 Today

If you have any questions about your situation and want to learn more about how our New York malicious prosecution lawyers can help you, call Lebedin Kofman LLP today. We can discuss your case with you during a free case evaluation and help you figure out how to best proceed. Get started on your case by calling (646) 663-4430 today.

We also speak Korean, Russian, Portuguese, Mandarin, and Spanish.

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