Civil Lawsuits After Criminal Assault and Battery Convictions
Facing criminal charges for assault or battery is one of the most stressful and life-altering experiences anyone can go through. When those criminal proceedings end—especially with a conviction—many people are surprised to learn that their legal challenges may not be over.
Victims can pursue a separate civil lawsuit for damages, even after the criminal case has been resolved. That means you could face both criminal penalties and civil liability. I understand how overwhelming that can feel, especially when you’ve already been through court once.
At the Law Offices of Malcolm B. Seawell, PC, I work with people who are going through these situations. As a Denver assault and battery defense attorney, I guide my clients through both the criminal and civil sides of these cases so they can protect their rights and move forward. If you’re facing a possible civil lawsuit after a criminal assault or battery conviction, reach out to me for legal guidance.
What Happens After a Criminal Conviction
When a criminal case ends in a conviction, most people think the matter is over once sentencing is complete. However, that’s not always true. The victim of the offense may choose to file a civil lawsuit seeking financial compensation for injuries, emotional distress, or other damages related to the incident.
Criminal cases and civil cases operate under different systems. Criminal cases are meant to punish the offender on behalf of society, while civil cases are meant to compensate the victim.
Even if you’ve already been convicted or served your sentence, the victim can still file a lawsuit. This dual process is permitted under U.S. law because the criminal justice system and civil courts serve distinct purposes.
Key Differences Between Criminal and Civil Cases
It’s important to understand the key differences between the two types of cases so you can prepare appropriately.
Purpose: Criminal cases focus on punishment; civil cases focus on compensation.
Standard of proof: In a criminal trial, the prosecution must prove guilt “beyond a reasonable doubt.” In a civil case, the plaintiff only needs to show that it’s “more likely than not” that the defendant is liable.
Outcomes: Criminal convictions can lead to jail time or probation. Civil cases typically result in financial judgments or restitution orders.
Parties involved: The government prosecutes criminal cases; individuals or entities file civil lawsuits.
Because the burden of proof is lower in civil court, a conviction in criminal court can make it easier for a plaintiff to win damages in a civil lawsuit. That’s why working closely with an attorney during both processes is crucial.
Potential Damages in Civil Lawsuits
If you’re facing a civil lawsuit after a conviction, it’s vital to know what types of damages the plaintiff may seek. Each case is different, but civil claims for assault and battery often include the following types of compensation:
Medical expenses: For treatment related to physical injuries.
Lost wages: Compensation for missed work due to injuries or court proceedings.
Pain and suffering: For physical and emotional trauma caused by the incident.
Punitive damages: Additional monetary penalties meant to punish the defendant.
Property damage: If any personal property was destroyed or harmed.
How a Criminal Conviction Affects Civil Liability
A criminal conviction doesn’t automatically mean you’ll lose a civil lawsuit, but it does influence how the civil case unfolds. Since a conviction is a matter of public record, the plaintiff can use it as evidence that you committed the act in question. This often gives them a strategic advantage because the civil court may accept the criminal verdict as proof of liability.
Common Defenses in Civil Assault and Battery Cases
Defending yourself in a civil lawsuit after a criminal conviction requires a thoughtful legal approach. Depending on the circumstances, several defense strategies may apply:
Self-defense: If you acted to protect yourself or someone else from harm.
Consent: If the plaintiff consented to the physical contact, as might occur in sports or certain mutual altercations.
Defense of others: Similar to self-defense, this applies when you act to protect another person.
Accident: If the injury occurred unintentionally and without reckless behavior.
Statute of limitations: If too much time has passed since the alleged incident.
Each of these defenses requires careful documentation and witness testimony. Your criminal defense attorney can help determine which strategy best fits your situation and represent you effectively in negotiations or court proceedings.
How the Civil Process Works After a Conviction
Civil lawsuits typically follow a predictable pattern, though each jurisdiction may vary slightly. If you’ve been convicted of assault or battery and are now facing a civil claim, here’s what usually happens:
Filing of the complaint: The plaintiff (victim) files a civil complaint detailing the alleged harm.
Service of process: You receive notice of the lawsuit and the specific claims against you.
Response: You must respond within a set timeframe, often 20 to 30 days, to avoid a default judgment.
Discovery: Both sides exchange evidence, including documents, witness lists, and depositions.
Negotiations: Settlement talks often take place to avoid a full trial.
Trial: If no settlement is reached, the case proceeds to court where a judge or jury decides the outcome.
Judgment and collection: If the plaintiff wins, the court will order you to pay damages, which can be enforced through wage garnishment or asset seizure.
Consulting a personal injury attorney early in the process is essential. They can help you understand your options and refer you to a civil defense lawyer if they don't offer those services themselves.
How Insurance May Come Into Play
Some people wonder whether their insurance company can help cover the costs of a civil lawsuit following a criminal conviction. In most cases, insurance won’t pay for damages related to intentional acts like assault or battery. However, if the plaintiff’s injuries were caused by negligence rather than intent, some coverage might apply.
For instance, if the altercation occurred on your property, your homeowner’s policy might provide limited protection under certain circumstances. An attorney can review your policy and determine whether any clauses might apply.
Long-Term Consequences of Civil Judgments
Even if you’ve already served time or completed probation, a civil judgment can have long-term financial and personal repercussions. A court-ordered payment can lead to wage garnishment, liens on your property, or damage to your credit score. In some cases, bankruptcy may not erase the debt, especially if the damages stem from an intentional act.
Beyond financial effects, civil judgments can also make it harder to rebuild your life. Employers, landlords, and lenders may view judgments as red flags during background checks.
How to Protect Your Rights Moving Forward
Even after a criminal conviction, you still have rights in civil court. The key is to act quickly and strategically. Here are some steps to take if you suspect a civil lawsuit might be filed against you:
Seek legal advice immediately: Don’t wait until you’re officially served with a complaint.
Preserve evidence: Keep records, photos, and witness information related to the incident.
Avoid contact with the plaintiff: Direct communication could be used against you.
Review your financial situation: Understanding your assets helps your attorney plan for potential settlements.
Follow court orders: If you’re still under probation or parole, compliance shows good faith.
By working closely with an assault and battery attorney, you can develop a strategy that protects your rights, minimizes financial exposure, and helps you take control of your future.
When a Civil Case Overlaps With a Criminal Appeal
Sometimes, a civil lawsuit arises while a criminal appeal is still pending. This overlap can create unique legal challenges because statements made in the civil case might affect the appeal. Your attorney can coordinate between the two proceedings to avoid self-incrimination or inconsistent testimony.
A skilled lawyer understands how to balance these legal pressures, making sure that progress in one case doesn’t harm your position in the other. Timing and strategy are critical, especially when you’re dealing with multiple courts at once.
Get Legal Support Today
Facing a civil lawsuit after a criminal conviction for assault or battery can feel like reliving the same ordeal twice. You don’t have to go through it alone. If you’ve been convicted of assault or battery and are now facing a potential civil lawsuit, reach out to me at the Law Offices of Malcolm B. Seawell, PC today for a confidential consultation.
I represent clients throughout Denver, Colorado, and nearby communities, including Aurora, Golden, Lakewood, Arvada, Boulder, Brighton, Englewood, Castle Rock, Littleton, and Highlands Ranch.
As an experienced assault and battery attorney, I help clients understand their rights, limit liability, and work toward fair outcomes that protect their futures. I’m here to provide the guidance you need to move forward with confidence and clarity. Contact me today.