In Texas, a plaintiff in a civil lawsuit may sue a defendant for damages caused by the commission of a criminal offense, even if the defendant has not been convicted of the crime. This is because the civil action provided by the Texas Penal Code is separate and distinct from the criminal action. Therefore, in a civil case arising from a violation of the penal code, a plaintiff generally does not need to prove that the defendant has been convicted of a crime in order to recover damages.
The case of City of San Antonio v. Pollock, 284 S.W.3d 809 (Tex. App. - San Antonio 2009, pet. denied) provides support for this proposition. In that case, the plaintiff sued the City of San Antonio for injuries she sustained in an accident involving a police car. The plaintiff alleged that the officer driving the car was negligent and had violated several provisions of the Texas Penal Code. The City argued that the plaintiff was required to prove that the officer had been convicted of the criminal offenses in order to recover damages. However, the court rejected this argument and held that the plaintiff was not required to prove that the officer had been convicted of a crime in order to recover damages for her injuries.
In conclusion, a plaintiff in a civil lawsuit arising from a violation of the Texas Penal Code is not required to prove that the defendant has been convicted of a crime in order to recover damages. This is supported by the case of City of San Antonio v. Pollock, which held that a plaintiff may recover damages for injuries caused by a defendant's alleged violation of the penal code, even if the defendant has not been convicted of the crime. Therefore, in such cases, the plaintiff must present evidence to support their claim and prove their case by a preponderance of the evidence. If you have suffered damages as a result of a criminal offense, we recommend contacting an experienced attorney to help you understand your available options.
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