Criminal vs. Civil Cases in Wrongful Police Shootings

Two Roads to Justice in Wrongful Shooting: Criminal Charges vs. Civil Lawsuits

After a tragedy, you’re hit with so much at once: grief, anger, confusion, and that desperate need for answers. The legal system gives you two main roads to accountability: criminal charges and civil lawsuits. They work differently, yet both can help you keep going. For families facing this kind of pain, wrongful shooting attorneys and other legal advocates can break down how each path works and what it might mean for you.

At Horn Wright, LLP, attorneys stand with families during some of life’s hardest weeks and months. If you’re mourning or trying to heal while also weighing legal choices, you don’t have to shoulder it alone. The firm handles both criminal and civil matters and helps you understand what to expect, what evidence truly matters, and how timelines unfold.

Laws vary by state. New York, Maine, New Hampshire, and Vermont each apply their own standards in civil rights and criminal cases, so having a strategy built for your circumstances makes a real difference.

When Justice Splits in Two: What Families Need to Know

When the unthinkable happens, most people picture a criminal courtroom: charges, a jury, a verdict. That’s one road. But it’s not the only one.

Criminal charges focus on punishment: guilty or not guilty, prison or no prison. Civil lawsuits focus on accountability and financial relief. That second road might sound technical, but for families, it can mean stability in the middle of chaos.

A criminal case might end with a sentence that offers a measure of closure. Yet your family may still face medical bills, funeral costs, and the loss of a paycheck. A civil claim helps cover those real-world losses, especially when patterns of government abuse cause damage that lingers far beyond the courtroom.

Pursuing both isn’t about revenge; it’s about restoration. You’re protecting your family’s future while seeking truth. Exprienced attorneys and other civil litigators often show families why using both lanes, criminal and civil, can deliver a more complete sense of justice.

Why Convictions Vanish in Courtrooms

From the outside, criminal cases look straightforward: a crime, a trial, a verdict. Inside the system, it rarely feels that way. Even strong evidence can fall flat.

One reason is prosecutorial discretion. Prosecutors choose which cases move forward. Those choices decide whether allegations tied to misconduct or civil rights violations ever make it before a jury. They balance public interest, evidence strength, and political pressure. Sometimes, cases with potential never even see daylight.

Then there’s the burden of proof. In criminal court, the state must prove guilt “beyond a reasonable doubt.” If jurors hesitate, acquittal follows. A “not guilty” verdict doesn’t mean nothing happened. It often means the bar wasn’t cleared. Families turn to civil courts after a criminal case falls short, using that path to tell their story and pursue the justice they still deserve.

Inside the Closed Doors of Grand Juries

Grand juries decide whether serious charges go forward. They don’t rule on guilt. They look at evidence in private and ask: is there enough to charge? The New York Courts describe this stage as investigatory, not a mini-trial.

For you, the secrecy can feel frustrating. Victims’ voices aren’t front and center. If a grand jury declines to indict, evidence may never reach trial. That silence is why many families leave the door open to civil claims.

Civil Lawsuits: The Path Families Take When Criminal Justice Stalls

When criminal justice slows down or stops altogether civil litigation offers another route to accountability. A civil case doesn’t put anyone behind bars. It targets responsibility through financial damages and, often, policy changes that prevent future harm.

The standard of proof is different here. You only need to show it’s “more likely than not” that your side is true. This is called the preponderance of the evidence, and it’s a much more reachable bar than “beyond a reasonable doubt.” In plain terms: your story has a better shot at being heard.

Civil claims also push for reform. A successful case can lead to better training, changes in use-of-force rules, or improved oversight. In some cases, abuses like civil asset forfeiture become part of the bigger picture that shows how power was misused and why it needs limits.

Money, Reform, and the Fight for Change

Civil cases accomplish several things:

• Cover urgent costs like hospital bills, funeral expenses, and lost wages.
• Compensate you for emotional pain and disruption.
• Push agencies and institutions to change harmful practices.

No settlement replaces a life. But financial relief can keep your home stable and your family secure. Reform matters too. In fiscal year 2022, New York City resolved 16 reversed conviction cases and paid $86.8 million, 61% of its civil rights payouts that year. That’s civil litigation in action.

Some civil cases overlap with systemic police brutality claims where accountability today helps prevent tragedy tomorrow.

When Criminal Courts Say “Not Guilty,” Civil Law Still Speaks

An acquittal in criminal court doesn’t shut the door. It just shifts the path.

You can still pursue a civil case, present your evidence, and hold people or institutions financially responsible. History shows plenty of moments when civil courts found liability even after a criminal jury said otherwise. In many situations, claims like false imprisonment or racial profiling give families another chance at accountability.

For you, this means a verdict doesn’t erase your story. Your chance to be heard is still alive.

Choosing a Legal Roadmap That Covers Every Turn

Every family’s journey looks different. Some of you focus first on the criminal case and grieve. Others move into civil litigation quickly to preserve video evidence or protect witness memory. Many choose to do both.

Here’s the key: each road offers something unique. Criminal trials acknowledge harm and impose punishment. Civil lawsuits provide financial stability and drive reform.

Balancing Courtrooms on Two Fronts

Running criminal and civil cases side by side takes coordination. Testimony in one courtroom can echo in the other. Evidence uncovered in civil discovery might strengthen a prosecutor’s case or open new ground for your civil claim.

That’s why pacing matters. You’ll hear about stays, parallel tracks, and protective orders. It’s not simple, but done right, nothing falls through the cracks. The reckoning after Daniel Prude’s death and the Rochester protests that followed show how civil claims, community outcry, and official reviews can move together to push accountability forward.

Turning to Justice: Finding Support Close to You

You’re dealing with grief, bills, and a tangle of legal choices. It’s heavy. Guidance from experienced wrongful shooting attorneys and other advocates can steady your next step, help you press for accountability, and protect your family’s future. When you’re ready to talk about what comes next, contact Horn Wright, LLP, to connect with attorneys ready to stand beside you, fight for justice, and help ease some of the weight off your shoulders.