Like give them an opportunity to settle civilly then if they want to fight it out, do that where the burden is only the preponderance of the evidence before taking it the criminal avenue where its beyond reasonable doubt
Then see where that takes us and how the defendant comports themself in the matter?
I’m certain I can prove all the elements of the criminal defense but civilly is a bit trickier
Initial consultations with lawyers are free (in my experience as a citizen of the USA). These sorts of questions are best not left to internet strangers