Whether the act is civil, criminal or both (Yes, you can sue the actor civilly that robbed, assaulted, or harassed you. That is entirely seperate from a criminal prosecution and does not preclude criminal prosecution from occurring.), is a matter for a judge to ultimately determine after such legal action has been initiated (You can't rule on a case that does not yet exist....). And by the way. I have attorneys and other cops in my family, and even a judge. So in some respects, it's a game of anticipating how one or more of each other will interpret a case, and how they would react.