Civil Justice
Can a Crime Victim Bring a Civil Claim Without Criminal Charges?
Criminal charging and civil liability are separate legal questions.
Updated September 23, 2026
Reviewed for publication by Mark A. Amador | Former California prosecutor | Partner, Wingert Grebing Brubaker & Walshok LLP
No charges is not automatically dispositive
Prosecutors make criminal charging decisions under criminal standards and policies. Civil counsel separately evaluates civil causes of action.
Different burdens
Criminal guilt and civil liability use different burdens and procedures.
Evidence still controls
No charges does not prove a civil case; evidence, causation, damages, defenses, limitations, and collectability remain central.
Legal reference: California Constitution article I, section 28; California DOJ victim-rights materials. Parole-specific pages also rely on current CDCR victim-services guidance. This page is general information, not legal advice.
General information only. Rights, procedures, deadlines, and available remedies can depend on the facts and the stage of the case.