The elements of a cause of action for malicious prosecution include the following: (1) the commencement or continuation of an original judicial action or proceeding, either civil or criminal, by, or at the instance of, the defendant, (2) malice in the commencement of such action or proceedings, (3) lack of probable cause for commencing the action or proceeding (4) termination of the original action or proceeding in favor of the defendant in that action or proceeding (plaintiff in the malicious prosecution action), and (5) injury or damage sustained as a result of the original action or proceeding.
Texas Complaint for Malicious Prosecution Involving Filing a False Police Report
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Section 37.08 - False Report to Peace Officer, Federal Special Investigator, Law Enforcement Employee, Corrections Officer, or Jailer (a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to: (1) a peace ...
Intentionally misleading law enforcement officials by providing false statements or reports, especially with the aim of deceit, is a Class B misdemeanor in Texas.
If you can prove that the person made accusations they knew were false and did so to damage your career or reputation, they have committed slander. In Texas, a false accusation of a particularly serious crime, such as rape or murder, can be used as the basis of a defamation of character lawsuit.
When dealing with false accusations, it's important to gather evidence that supports your case. This should include physical evidence such as clothing, photographs, or medical records; witness statements and accounts of the incident; and any inconsistencies or contradictions in the accuser's story.
If you are falsely accused of a crime, you may face arrest, imprisonment, and a criminal record. Regardless of if the charges are eventually dropped, the damage to your reputation and personal life can be significant.
To prevail in a suit alleging malicious prosecution of a civil claim, the plaintiff must establish: (1) the institution or continuation of civil proceedings against the plaintiff; (2) by or at the insistence of the defendant; (3) malice in the commencement of the proceeding; (4) lack of probable cause for the ...
Perjury is a Class A misdemeanor, which is punishable by up to a year in the county jail and a $4,000 fine. Aggravated perjury is a third-degree felony, which is punishable by 2 to 10 years in prison and a $10,000 fine.
Filing a false report under Texas Penal Code Section 37.08 is a Class B Misdemeanor offense, punishable by up to 180 days in jail and a fine of up to $2,000. However, filing a false report about a missing child or missing person in Texas is a Class C offense, punishable only by a fine.