Crime Victim Attorneys in New Mexico

Exploring Your Civil Options After Being a Victim of a Crime

When a crime is committed, the perpetrator can face criminal charges and potentially be found guilty and sentenced. However, many victims are unaware that, regardless of the outcome of any criminal charges, they may still pursue a civil claim against the accused.

Civil claims often result from violent crimes, such as assault, sexual abuse, and manslaughter, but they can also involve human trafficking crimes and other intentional acts. If you were the victim of a crime, our firm can help you determine what legal options you have for seeking justice, even if the prosecutor declines to press charges or the perpetrator is acquitted. Call (505) 588-5716 to speak to a member of our team.

What Rights Do Victims of Crime Have?

Both federal and state law provide certain protections and rights for crime victims. The federal Crime Victims’ Rights Act (CVRA) outlines several rights, including:

The right to be reasonably protected from the accused
The right not to be excluded from public court proceedings, except in some situations where the victim is testifying as a witness
The right to full and timely restitution as provided in law
The right to be treated with fairness and with respect for the victim’s dignity and privacy

New Mexico Statute § 31-26-4 also protects a victim’s rights, and many of these rights overlap with those under the Crime Victims’ Rights Act. However, crime victims also generally have the right to file a civil lawsuit against the perpetrator of the crime or any other responsible parties. These lawsuits can seek money for damages, such as medical bills, and may provide a way to receive financial compensation beyond what’s included in restitution.

Can Crime Victims File Civil Law Claims?

Crime victims generally have the right to file a civil claim against a responsible party whose intentional or negligent actions caused the victim financial losses. For example, if you were the victim of a battery and your injuries required you to seek medical treatment and take time off from work to recover, you could potentially file a civil lawsuit against the offender for damages.

While most civil claims arising from crimes name the perpetrator as the defendant, other potentially responsible parties may be included in a lawsuit. If the crime was committed while the perpetrator was on the clock or otherwise performing their job duties, their employer may be liable for their actions. Property owners can be named as defendants in negligent security cases, and institutions such as schools may be held liable if their failure to respond to known risks or inadequate hiring practices contributed to the crime.

Does the Defendant Need to Be Found Criminally Guilty for the Victim to Pursue a Civil Claim?

One of the benefits of pursuing a civil claim is that the perpetrator doesn’t have to be found guilty or even tried in criminal court. If the prosecutor declines to file charges or the charges are dismissed before going to trial, a civil claim is still possible. It’s also common for defendants to negotiate plea deals for lesser charges. For example, a battery charge could be reduced to a lesser offense, such as disorderly conduct. However, the victim of a crime could still file a civil lawsuit against the perpetrator for damages resulting from the battery.

If the perpetrator is found guilty through the criminal justice system, it could help your civil case. This is one reason why civil lawsuits are generally filed after the criminal proceedings are over. An attorney can talk with you about what evidence from the criminal case may be helpful in a civil lawsuit and advise you on the right time to pursue a civil claim.

What Are the Differences Between Criminal and Civil Cases?

Civil claims and criminal cases are treated as separate entities. This can work out in the victim’s favor when the defendant is acquitted in criminal court or the charges are dropped. However, it’s important to understand the differences between the civil and criminal processes. There are three main differences between civil and criminal cases that crime victims should be aware of.

Who Brings the Case

For someone to be charged with a criminal offense, the prosecutor for the government must make the decision to file the charges. It’s a common misconception that victims can choose whether to press charges. In reality, they decide whether to cooperate with the prosecution, which can make the prosecutor more likely to file charges.

In a civil case, the victim files the lawsuit and is the plaintiff. This also gives the victim more control over legal strategy, including whether to settle out of court or take the case to trial.

Burden of Proof

The burden of proof in a criminal case is beyond a reasonable doubt, but in the civil justice system, it’s the lower preponderance of the evidence standard. This means that the victim only needs to prove that the defendant was more likely than not to have caused their damages.

Potential Outcome

Even if the defendant is found guilty in a criminal case, the outcome is focused on punishment. While restitution may be part of their sentence, it’s not the main focus. In a civil claim, the purpose is to seek financial recovery for the victim. Civil damages can include everything from medical expenses and lost income to pain and suffering, and these amounts often exceed what would be ordered through restitution.

If you need help understanding whether you can file a civil claim as a crime victim, contact Kennedy Law Firm at (505) 588-5716. We can help you understand how New Mexico law applies and provide more information on our legal services.