Malicious Prosecution and the Law in New York

About Ronemus & Vilensky

The attorneys at Ronemus & Vilensky prepare every case as if it were going to trial, whether you go to trial or not. If the insurance company does not offer a fair settlement, we will be prepared to take the case to court.


Malicious prosecution is considered a common law intentional tort violation that is generally found when an individual has been targeted for deliberate prosecution without solid evidence at to why. Under New York law, a plaintiff has the burden of proving five elements to establish malicious prosecution:

1) The defendant initiated a prosecution against the plaintiff

2) The defendant lacked probable cause to believe the proceeding could succeed.

3) The defendant acted with malice.

4) The prosecution was terminated in the plaintiff’s favor.

5) A sufficient post-arraignment liberty restraint to implicate the plaintiff’s Fourth Amendment rights to protection from unreasonable search & seizure.

If you or someone you know has been a victim of malicious prosecution, it is important to contact an attorney who could discuss  Have you or someone you know been the subject of malicious prosecution? Has malicious prosecution taken an irreparable toll on your reputation, quality of life and relationships? The New York law offices of Ronemus and Vilensky can help advise you on your legal options. Contact us for a free consultation and to see whether you have the legal standing to file a malicious prosecution claim.