Maliciousness and the Law

At Morgan & Morgan, we stand For the People—especially those who have suffered harm due to someone else's intentional wrongdoing. When someone acts with malice, it isn't just a matter of hurt feelings or emotional stress. In some cases, it can have serious, long-lasting financial, reputational, and psychological consequences. 

In the legal world, maliciousness isn’t just frowned upon. Under the right circumstances, it can lead to a lawsuit.

 

If you believe you’ve been wronged through someone’s malicious intent, you may have legal recourse. And when your reputation, livelihood, and future are at stake, you deserve powerful legal representation.

Contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.

What Is Maliciousness?

Maliciousness, in general terms, refers to the intent to harm another person without just cause or reason. It's not just accidental or negligent behavior; it’s intentional, deliberate wrongdoing.

From a legal standpoint, maliciousness can show up in several ways:

• Filing a false police report with intent to damage someone's reputation
• Initiating a lawsuit solely to harass or punish someone
• Knowingly making false statements to authorities or the public
• Engaging in actions designed to emotionally, financially, or professionally harm someone
  
   

Malicious behavior can also be central to a number of legal claims, including:

• Defamation (when someone spreads harmful lies)
• Intentional infliction of emotional distress
• Malicious prosecution, which we’ll explore in depth below
  
   

Maliciousness vs. Negligence

It’s important to differentiate between negligence and maliciousness. Negligence occurs when someone fails to act with reasonable care and someone else gets hurt as a result. Maliciousness, on the other hand, involves intent. The wrongdoer knows what they’re doing is wrong and does it anyway.

Can You Sue Someone for "Maliciousness"?

Not exactly in those words. 

"Maliciousness" alone isn't a cause of action, but malicious conduct can support certain types of lawsuits. 

In other words, you can’t sue just because someone was mean or acted with bad intent, but you can sue if that malicious behavior caused you real harm through a legally recognized wrong, like:

• Malicious prosecution
• Defamation
• Abuse of process
• Intentional infliction of emotional distress
• Fraud
• Tortious interference with a contract or business relationship
   

In each of those, malice may either be a required element or can increase the damages awarded (like punitive damages).

How Does Malice Factor into Defamation Cases?

Malice absolutely comes into play in defamation cases, especially when the plaintiff is a public figure or public official.

Here’s how it works:

Private Individuals:

If you're a private person suing for defamation, you generally just have to show:

• A false statement
• That was published to a third party
• That caused harm (like damage to your reputation)
• And in some states, that the defendant was at least negligent
  
   

Public Figures/Officials:

If you're a celebrity, politician, or someone well-known in a particular field, the standard is higher. You must prove “actual malice.”

Actual malice means the defendant knew the statement was false or acted with reckless disregard for the truth.

This is based on the Supreme Court decision in New York Times Co. v. Sullivan (1964), which aimed to protect freedom of speech and the press while still allowing public figures to sue for egregious lies.

So, in defamation law, maliciousness can be central to winning your case, especially if you're a public figure.

Can You Get More Money in a Lawsuit if You Prove Malice?

Yes. If you can prove the other person acted with actual malice, courts may award punitive damages: money meant to punish and deter bad behavior, on top of compensatory damages for your actual harm.

What Is Malicious Prosecution?

Malicious prosecution is a specific legal claim that arises when someone is wrongfully subjected to criminal or civil legal proceedings without probable cause, and with malicious intent.

In other words, someone used the legal system to harass, intimidate, or punish another person, not to seek justice.

For instance, if a business owner files a bogus lawsuit against a competitor, hoping to drain their resources or damage their reputation, this could be considered malicious prosecution. If this happened to you, you may have legal recourse.

Other examples could include a disgruntled ex-partner reporting false criminal allegations to the police to “get back” at you, or a neighbor files a restraining order based on made-up incidents just to make your life harder.

In each of these cases, the legal system is being weaponized.

Legal Elements of a Malicious Prosecution Claim

You have legal recourse and can file a claim if you were maliciously prosecuted, but to win a malicious prosecution case, the plaintiff must prove several key elements. While the specifics can vary by state, courts generally require the following:

1. The Prior Proceeding Was Brought Against the Plaintiff

There must have been a prior legal action (typically a criminal prosecution or a civil lawsuit) brought against the person who is now the plaintiff in the malicious prosecution case.

2. The Prior Proceeding Ended in Favor of the Plaintiff

The earlier case must have ended in a way that suggests the plaintiff was innocent or not liable. This might mean:

• Charges were dismissed
• The plaintiff was acquitted
• A civil suit was thrown out by the court
• The plaintiff prevailed at trial
   

This requirement ensures that the person wasn't actually guilty or responsible in the original matter.

3. Lack of Probable Cause

The original lawsuit or prosecution must have been initiated without probable cause. In criminal cases, this means there was no reasonable basis to believe a crime had been committed. In civil cases, it means there was no legitimate legal basis for the suit.

4. Malice

The defendant must have acted with malice—that is, with an improper purpose such as spite, ill will, personal gain, or harassment.

5. Damages

The plaintiff must have suffered harm as a result of the malicious prosecution. This could include:

• Loss of employment or income
• Emotional distress
• Damage to reputation
• Legal expenses
• Loss of liberty (being jailed or forced to attend court)
   

Malicious prosecution claims are difficult to prove. Courts generally want to encourage people to use the legal system in good faith. But when it’s used in bad faith, the courts and law firms like ours take it seriously.

Can You Sue for Maliciousness?

The short answer is yes, in certain circumstances.

Maliciousness by itself, especially if it doesn't cause tangible harm, may not always be actionable. But when it results in:

• False imprisonment
• Defamation
• Emotional distress
• Reputational damage
• Malicious prosecution

…you may have grounds for a lawsuit.

Common Legal Claims Related to Maliciousness

Let’s look at a few areas where malicious conduct might give rise to a civil lawsuit:

Malicious Prosecution (as described above)

When someone uses the courts or criminal justice system against you out of spite.

Abuse of Process

This is closely related to malicious prosecution. It occurs when someone misuses legal procedures (like subpoenas or warrants) for ulterior motives—like blackmail or intimidation, even if the initial case had merit.

Defamation (Libel and Slander)

If someone knowingly spreads false statements about you with malicious intent, you can sue for defamation.

False Arrest or False Imprisonment

Being detained without legal justification—especially if done intentionally and maliciously—can lead to legal action.

Intentional Infliction of Emotional Distress (IIED)

This occurs when someone behaves so outrageously that it causes severe emotional trauma. Malicious intent is often a key component of these claims.

Civil vs. Criminal: Where Does Maliciousness Fit?

While maliciousness is generally associated with civil claims, it can also be a factor in criminal law. 

Criminal Malicious Prosecution

This occurs when someone is prosecuted for a crime they did not commit, and the prosecution was initiated without probable cause and with malicious intent. It often involves law enforcement officers, prosecutors, or private individuals who knowingly file false police reports.

Criminal malicious prosecution claims are especially serious because they implicate an individual's liberty, and often involve violations of constitutional rights, such as:

• The Fourth Amendment (unreasonable search and seizure)
• The Fourteenth Amendment (due process)
  
   

Civil Malicious Prosecution

In this case, a person or entity brings a baseless lawsuit against another party for the purpose of harassment, revenge, or economic harm. For example, a landlord might sue a former tenant for damages they know never occurred, just to delay returning a security deposit.

While the stakes may be different than in a criminal context, the damage to the victim, both financially and emotionally, can be substantial.

If you're the victim of such behavior, you may be able to pursue civil compensation even if the wrongdoer is also being charged criminally.

What Kind of Damages Can You Recover?

If you sue for malicious prosecution or other malicious acts, you may be able to recover several types of damages, including:

Compensatory Damages

These are meant to cover your actual losses, such as:

• Legal fees from the previous (fraudulent) case
• Lost wages or business income
• Mental health treatment
• Pain and suffering
  
   

Punitive Damages

In especially egregious cases, courts may award punitive damages to punish the wrongdoer and deter others from similar behavior. These can be substantial.

Reputational Damages

If your standing in your community or profession was damaged, you may be entitled to compensation for loss of reputation or career opportunities.

What Should You Do If You Believe You’re a Victim?

1. Document Everything

Save emails, texts, and letters, and keep records of legal filings, dismissals, or police reports. Note any witnesses, if relevant, who can confirm your side of the story.

 

2. Talk to a Lawyer Immediately

Malicious prosecution and related claims are complex and time-sensitive. At Morgan & Morgan, we can evaluate your situation and determine the best course of action.

3. Don’t Retaliate

It’s natural to feel angry, but taking matters into your own hands can backfire. Let a legal team fight for you the right way: within the system.

You Don’t Have to Face Maliciousness Alone. Morgan & Morgan Can Help.

Being the target of malicious behavior, especially when it involves the legal system, can be deeply distressing. It can affect your career, your family, and your mental health. But you don’t have to suffer in silence.

Maliciousness has no place in the justice system.

If someone used the courts, the police, or the power of lies to hurt you, you may be entitled to compensation, and we want to help.

At Morgan & Morgan, our attorneys have decades of experience representing victims of bad faith lawsuits, wrongful accusations, and malicious conduct. We’re not afraid to go up against individuals, corporations, or even government entities who weaponize the law for their own benefit.

Our team can help you determine if you have a viable malicious prosecution or related claim, file a lawsuit to recover damages and clear your name, and pursue justice and accountability against those who acted with malice.

If you think you’re the victim of malicious prosecution or another form of malicious abuse, contact us today for a free, confidential case evaluation. We’ll review your case and help you understand your legal options.