Laws regarding compensation for false accusations vary from state to state. In California, there are several ways that a falsely accused person could seek potential compensation, and each avenue is useful in specific instances.
The two primary ways to seek compensation from a false accuser are to sue under California’s defamation laws and to sue under California’s laws regarding malicious prosecution. Our skilled Los Angeles criminal defense lawyers at Simmrin Law Group can review your case to investigate the ideal legal avenue.
Defamation in California
California defines defamation as false statements that harm the target’s reputation. Someone can commit defamation by slander or libel.
For slander to be involved, the statement needs only to be made to a third party, even just by word of mouth. Libel refers to defamatory statements that are more permanent or fixed in nature. This can include any form of writing, puppets, pictures, or even posts on the internet.
If the defamatory statement is considered libel, damages do not need to be proved; they are assumed. However, if the defamation is considered slander, including false accusations of a crime, damages to one’s reputation must be proven in order to receive compensation. Of course, having an experienced attorney on your side is warranted in either case.
For a free legal consultation, call (310) 896-2723
Pursuing Civil Damages for Defamation
If either slander or libel is proven, then you may be able to recover damages. Be warned that you only have one year after the false statement to sue in court. There are three essential kinds of damages you could be awarded:
- General damages: This is compensation for the suffering and loss of reputation caused by the defamatory act.
- Special damages: Some people can lose their livelihoods or homes over a defamatory statement. Special damages cover these losses.
- Punitive damages: This is compensation awarded by the court or a jury as punishment against the person who defamed you. Punitive damages in California don’t have a cap, so there is no limit.
The amounts and types of damages you could receive depend entirely on the case. Once we have studied the facts of the matter, your lawyer will be able to give you an estimate.
Public Figures
A public figure has less protection under defamation laws because of the public nature of their activities. For a public figure to prevail in a defamation lawsuit, they must demonstrate two key things. First, they must prove that the statement made about them was factually inaccurate or untruthful. Second, they must show that the defendant made the statement with “actual malice.”
Actual malice, in legal terms, refers to instances where the individual who made the statement knew it was false or proceeded with a reckless disregard for verifying the truthfulness. One defense used against defamation claims by public figures is that the defendant made an opinion or comment on a matter of public interest, so proving actual malice is crucial.
Malicious Prosecution
A more difficult route to take when seeking compensation for a false accusation is to initiate a civil lawsuit alleging malicious prosecution. However, this type of lawsuit is very difficult to prove and is not usually recommended by attorneys at Simmrin Law Group.
To win in a malicious prosecution lawsuit, you must prove the following items:
- You were charged with a crime in a previous proceeding.
- That proceeding ended favorably toward the accuser.
- The prosecution in that case lacked probable cause.
- The case was brought against you with malicious intent.
It should be noted that courts in California are traditionally opposed to claims of malicious prosecution, so this is not an option that should be sought in most cases.
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Proving a Wrongful Conviction
Sometimes, unfortunately, people face criminal charges for crimes they did not commit. This is a serious problem, but there are numerous difficulties in seeking compensation for a false conviction.
In an initial case, the prosecuting attorney is tasked with proving the defendant’s guilt beyond a reasonable doubt. Once that conviction has occurred, however, a person seeking to show that they have been wrongfully convicted must prove their innocence by a preponderance of the evidence.
A “preponderance of the evidence” means that, given the evidence, it is more likely than not that the person was innocent of the original crime. This is a different standard than “beyond a reasonable doubt.”
In other words, a convicted person is no longer presumed innocent. They are, by definition, presumed guilty based on their conviction. This makes it especially difficult to overturn a conviction since proving that a crime did not happen is much more difficult than proving guilt, even with the lower evidentiary standard.
Compensation for a Wrongful Conviction
If you have been wrongfully convicted and have managed to prove your innocence by a preponderance of the evidence, California law does allow for compensation. Since 2000, that compensation has been $100 per day spent in jail with no maximum amount.
For compensation to be awarded, however, the following things must be true:
- The claim of wrongful conviction was brought within two years of your release from jail.
- You have proven in court that you were wrongfully convicted.
This means that if you wish to seek justice for a wrongful conviction, you need to act quickly after your release. Many people released after wrongful imprisonment are still trying to get on their feet after two years, but it never hurts to have a consultation to see if you have a case for wrongful conviction.
How Common Is Exoneration in California?
The act of releasing someone from jail after a wrongful conviction, also known as exoneration, is quite common in California. Every year, innocent people face false accusations. According to The National Registry of Exonerations (NRE), California has had 292 exonerations since 1989, the year that exonerations could be granted based on DNA evidence.
Of the 292 exonerations, 35% faced false accusations of murder, 29% for other crimes, 14% for child sex abuse, 11% for drug charges, and 6% were convicted of robbery. It is estimated that the time people were in jail, in total, they lost 2,336 years of life, and per case, eight years were lost.
Our team understands how difficult false accusations can make your or your family’s life. We don’t want you to lose out on your life or the compensation you could be eligible for.
Contacting an Attorney
The most important step to take when contemplating whether to seek compensation for a false accusation or a wrongful conviction is to meet with an experienced criminal defense attorney. Our team can help answer any questions you have about your case.
Contact us, the attorneys at Simmrin Law Group, by filling out the form to the right of this page or by calling us. The sooner you get an attorney on your case, the sooner you can begin working toward significant compensation for the damages you’ve received.
Call or text (310) 896-2723 or complete a Free Case Evaluation form