Can you sue for defamation if found not guilty?

Asked by: Ericka Mayer  |  Last update: January 10, 2026
Score: 4.7/5 (20 votes)

Yes, but the standard of proof for you is higher. There is a public figure exception in defamation law that states that in order to win a defamation claim, a public figure must show not only that the published statements were false, but that the publisher acted with “actual malice” in printing the story.

Can I sue after being found not guilty?

As a general matter, you cannot bring a lawsuit after being acquitted of criminal charges. The rationale is that the prosecutor isn't doing anything wrong by pursuing a reasonable case, and an acquitted defendant isn't harmed by the ordinary operation of the legal system.

Is it worth suing for defamation?

The answer is, yes, it is worth suing for defamation. When a true case of defamation exists, there are damages that are caused as a result. Those damages are compensable through a civil lawsuit, in California and beyond.

Can you sue someone who falsely accuses you?

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.

Can you press charges against someone for making false accusations?

Yes. In California, making false accusations is a crime and can lead to serious legal consequences. Under Penal Code Section 148.5 , it is a misdemeanor to falsely report a crime to law enforcement.

Can I sue if I was found not guilty of a crime?

15 related questions found

How to respond when someone accuses you of something you didn't do?

If you are facing false accusations at work, it is important to remain calm and be honest. Do not confront your accuser or try to alter the facts. Gather as much evidence as possible to disprove the accusation. Speak to an attorney, human resources, and your union representative if you have one.

Can you be accused of something without proof?

Not only is the prosecution required to prove its case before it can secure a conviction, but it must do so beyond a reasonable doubt. Generally, this means the prosecution's evidence must be so compelling and convincing that there is no reasonable doubt regarding your guilt in the jurors' minds.

How much can I sue for defamation of character?

The amount one can sue for defamation varies widely based on several factors including the severity and extent of damage caused by the defamatory statement. However, damages typically range from thousands to millions of dollars depending on circumstances such as loss earnings and emotional distress.

What can I do if someone makes false allegations against me?

You can take legal action, such as filing a defamation lawsuit or a malicious prosecution claim. False accusations can lead to severe penalties for the accuser, including jail time and hefty fines. Randall & Bruch, PC can defend you and help you recover your life and reputation if you've been falsely accused.

What is the law of malicious gossip?

The laws of defamation, also known as libel or slander laws, are put into place in order to address the harm malicious gossip or accusations inflicts on a person, business, corporation, or other entity. character and reputation.

How likely is it to win a defamation lawsuit?

Still, you may rightly question, "Are defamation cases hard to win?" Winning a defamation case can be quite challenging because it requires a lot of investigation and evidence, which can be costly.

What proof do you need for defamation of character?

To prove defamation, you must determine that the statement can easily be described as false, published, harmful, or unprivileged. It's imperative to show that you have been the victim of inevitable negative defamation consequences, such as decreased income, loss of money, or tarnished reputation.

Can I file a defamation lawsuit without a lawyer?

A defamation case is a serious legal action, which means you'll want an expert defamation lawyer to help present your case. Furthermore, you'll need one who understands the complexities the age of the Internet has introduced to these kinds of cases.

What happens if I am found not guilty?

The phrase “not guilty” means that the defendant is not legally answerable for the crime. An acquittal is a finding by the jury or judge that the defendant is not guilty after a jury or a bench trial. Acquittals trigger your Double Jeopardy protection from another prosecution for the same offense.

Can someone sue me with no evidence?

You can file a lawsuit without evidence in hand, but you do need to attest to your allegations and have a good faith basis for your claims. (There's a reason you see most allegations saying “upon information and belief.”)

Can a case be reopened after found not guilty?

A defendant whose conviction was reversed on appeal may be retried without violating double jeopardy. However, any charge of which the defendant was found not guilty the first time cannot be retried.

How to win against false allegations?

6 steps to defend yourself against a false allegation at work
  1. Stay Calm and Gather Evidence. ...
  2. Contact a Criminal Defense Lawyer. ...
  3. Challenge the Accuser's Credibility. ...
  4. Understand Your Rights. ...
  5. Prepare Your Defense. ...
  6. Consider Counterclaims. ...
  7. Don't Let False Allegations Fly — Contact Right Law Group.

How can I prove my innocence when falsely accused?

How to Defend Yourself Against False Accusations
  1. Stay Calm. ...
  2. Hire an Attorney to Help You Fight Back. ...
  3. Gather Evidence. ...
  4. Challenge the Accuser's Credibility. ...
  5. Find Your Own Witnesses and Present Evidence of Your Side of the Story. ...
  6. Develop a Strategy in Criminal Defense Cases.

Can I sue someone who falsely accused me?

If a civilian makes false accusations, you can sue them under state law. When law enforcement makes false accusations, you may be able to also sue them for violating your constitutional rights under federal law.

What cannot be considered defamation?

Statements incapable of being proven true or false, known as “pure opinion,” are not defamatory (e.g., “Jane is a terrible boss”).

Is it worth filing a defamation lawsuit?

In general, pursuing a defamation lawsuit may be worthwhile if: The defamatory statement(s) are demonstrably false and have caused significant harm to your reputation or career.

How does suing for emotional distress work?

In an emotional distress claim, proving that the defendant acted with intent is key. This means showing that they knew or should have known their actions would cause serious distress. Your lawyer will start by gathering evidence such as emails or text messages, which can be crucial in establishing this intentionality.

Can you be found guilty without proof?

Yes—actually, most criminal convictions are based solely on circumstantial evidence. Further, California criminal law allows the prosecution to convict a defendant on circumstantial evidence alone.

What is the punishment for false accusations?

In the most serious cases, the person making false accusations could face up to seven years in state prison. If it is found that someone has made a false allegation, it's also possible that they could face further charges. They could be found to have broken defamation law and face charges relating to that.

Can you get compensation for being falsely accused?

Section 23(2) provides that the individual will have a right to be compensated 'according to law'. It appears that the convicted person does not need to have been imprisoned – a lesser sanction, such as a fine or even the recording of a conviction alone, may amount to punishment on the wording of the section.