By: Michael J. McConnell, Westchester County personal injury lawyer serving Yonkers, White Plains, Mount Vernon, and New Rochelle.
In Westchester County, it is possible to bring a civil lawsuit against a defendant who is also being criminally prosecuted.
In other words, you can sue a person for money even if they have been arrested, charged, convicted, or jailed for their conduct.
Understanding the differences between these two types of cases is important. They each have different purposes and functions.
In this article, Westchester County personal injury lawyer Michael J. McConnell will discuss the following:
- What types of cases might have both a criminal prosecution and a civil lawsuit?
- What are the differences between a prosecution and a lawsuit?
- How do I sue if I was a victim of a crime in Westchester County?
As always, this article is for informational and educational purposes only. It is not legal advice.
If you or a loved one was a victim of a crime in Westchester County – including murder, robbery, sexual abuse, or domestic violence – please contact the Law Office of Michael J. McConnell for a free consultation if you are wondering whether you can sue someone for compensation.
Common Situations Involving Both a Criminal Prosecution and a Civil Lawsuit
There are countless scenarios that could result in someone being prosecuted for a crime and being sued for the same conduct.
Here are two recent examples that most people are familiar with:
- The famous rapper P Diddy is currently being criminally prosecuted for alleged sexual offenses while also being sued by a number of victims.
- Actor Alec Baldwin fatally shot a cinematographer on a movie set, which resulted in a civil lawsuit for wrongful death that settled and a criminal prosecution that ended up being dismissed.
Additionally, sometimes the person being sued in the civil lawsuit might not be the perpetrator of the crime. For example, it might be some larger institution or business that did something that allowed the crime to happen – such as a school or church in a case involving survivors of sexual abuse.
There are also cases where someone may have been a victim of a crime on a property such as an apartment complex, hotel, bar, mall, or casino and they end up suing the business for negligent security.
For example, let’s say an apartment complex is in a high crime area and has a history of violent crime on the property. If they don’t take reasonable security measures to protect their tenants and someone gets killed as a result of a crime, it may be possible for the victim’s family to sue the apartment complex.
The ability to sue the larger entity can make a huge difference for crime victims because often the perpetrator of the crime will not be covered by insurance or have assets to go after.
The business or entity might have insurance, which can be used to pay for the harm that was caused.
Here is a list of common situations that can result in both a criminal prosecution and civil lawsuit in Westchester County:
- Sexual Abuse & Sexual Assault
- Assaults
- DWI Crash
- Domestic Violence
- Murder & Wrongful Death
- Robbery
In all of the above situations, it may be possible to sue the perpetrator of the crime, a larger entity, or both.
Understanding the Difference Between Criminal and Civil Cases
There are at least three key differences between a criminal prosecution and a civil lawsuit.
First, criminal prosecutions are brought by the government while lawsuits are brought by individuals.
For example, if a defendant drives drunk and injures someone in a car accident, the Westchester County District Attorney’s Office might bring a criminal prosecution for DWI while the victim might hire a Westchester car accident lawyer to sue the drunk driver for compensation.
Second, as alluded to above, one major difference between criminal and civil cases is the purpose of them.
In a criminal prosecution, the purpose is generally to punish the perpetrator. Often this can be jail or prison time.
In a civil lawsuit, the purpose is to get financial compensation for an injury or wrongful death.
And third, there is a different standard of proof between these two types of cases.
In a criminal case, the government must prove that the defendant was guilty beyond a reasonable doubt. This high standard requires very strong proof.
In a civil case, however, the individual generally just needs to prove their case by preponderance of the evidence.
This is much easier to do than proving something beyond a reasonable doubt since it basically means that it is more likely than not that the defendant caused the injuries.
In other words, if a juror has a “reasonable doubt” that the defendant is responsible in a criminal case, they must find the defendant not guilty and he will go free.
In a civil case, a juror might have a ton of “reasonable doubts” but so long as they think it is more likely than not that the defendant is responsible, they will find him liable, which means the plaintiff or victim will win their case.
How do I sue if I was the victim of a crime in Westchester County?
The simple answer here is that if you were a victim of a crime in Westchester County and are wondering whether you should sue, it is highly recommended that you speak with a personal injury lawyer immediately.
Most Westchester County personal injury lawyers, including the Law Office of Michael J. McConnell, offer free consultations to crime victims to help them figure out if they can sue.
The reason contacting a lawyer immediately can be important is that there are strict deadlines for filing a lawsuit.
Additionally, a lawyer can take some immediate steps to investigate the case and preserve important evidence that could go missing or be destroyed.
Sadly, victims of violent crime often don’t realize that they might be entitled to compensation for their injuries if they bring a lawsuit.
This is especially true if the crime happened on a property where someone in control of it failed to do something that could have prevented it.
Conclusion: Crime victims or their families can get justice through both a criminal prosecution and a civil lawsuit in Westchester County.
The bottom line is that crimes can result in both criminal prosecutions and civil lawsuits. This is important for crime victims and their families to know because often people don’t realize that they can sue for financial compensation after they have been victimized.
If you or a loved one were injured or killed during a crime in Westchester County, please contact personal injury lawyer Michael J. McConnell today for a free consultation.
- Call us at (914) 810-0510
- Or submit an online form by clicking here for a free consultation
Michael J. McConnell is a personal injury lawyer for victims of crime in Westchester County with an office in Ardsley, NY. He is a former criminal prosecutor with the Manhattan District Attorney’s Office where he successfully prosecuted countless crimes ranging from violent felonies to misdemeanor assaults, including a significant number of domestic violence cases.
The Law Office of Michael J. McConnell serves all areas of Westchester County, including:
- Yonkers
- White Plains
- Mount Vernon
- New Rochelle
- Port Chester
- Mamaroneck
- Larchmont
- Harrison
- Greenburgh
- Ardsley
- Ossining
- Elmsford
- Peekskill
- Pelham
- Bronxville
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Page last updated 5/20/25.