In nearly all criminal cases, alleged victims seek justice by filing charges and obtaining convictions. Whereas a person may feel consoled if someone who caused them harm is convicted and sentenced, not every criminal case must lead to convictions for the victim to obtain justice for the culprit's actions. In given cases, there is a middle ground where the supposed victim is fully reimbursed for their loss through a legal action referred to as a civil compromise.

What Civil Compromise Means Under California Laws

A civil compromise is whereby a judge or prosecution agrees to dismiss the criminal charges against an accused if they compensate the victim financially for the damages or losses their criminal conduct caused them. This agreement aims to:

  • Address prison and jail overcrowding.
  • Serve the interests of the public better by streamlining the court process.
  • Save the victim the cost of bringing a civil lawsuit against the accused.
  • Provide the victim with immediate and full restitution.

Judges enjoy the discretion to decide whether or not to grant a civil compromise. In certain cases, prosecuting attorneys will not allow a civil compromise, although obtaining it may still be possible. And in cases where it is successful, no more actions or criminal proceedings toward a conviction will be pursued.

Civil compromises are prevalent in specific cases, including shoplifting, petty theft, battery & assault cases that do not result in severe injury and are not against specially protected persons, vandalism, and embezzlement. They are an option if the defendant committed a misdemeanor violation and are ready to reimburse the victim for their loss. For example:

  • Embezzlement charges where a cashier agrees to pay back the money he stole from the register while working.
  • Vandalism charges where a person consents to pay to clean up the graffiti they sprayed on the victim's property.
  • Petty theft charges where the accused agrees to reimburse the involved victim for the headphones they stole.
  • Shoplifting charges where the defendant agrees to compensate the shoe store for the shoes they stole.

Once the victim involved in the case is compensated for their loss, certain steps need to follow for a civil compromise to be successful. The victim will need to present themselves in court concerning the charges and tell the court that the defendant has compensated them for their losses. Note that it should be the same court where the charges are pending.

The victim should then formally state they are content with the terms of the compromise and are no longer interested in pursuing conviction against the accused in a criminal case concerning the supposed wrongful activity. This factor is critical. The victim has to inform the judge that they desire the outcome and must do that before the trial commences. The concept behind this requirement is that public interest is best served by full and immediate reimbursement to the injured party instead of the prolonged court process.

The court judge must then agree to the terms of the civil compromise. In given cases, the D.A. provides their input too. This condition ensures the compromise is fair to all the involved parties. Should the judge be content, they will dismiss the criminal charges.

Pursuing Civil Compromise

A defendant can seek a civil compromise by speaking to the D.A. through their lawyer or appealing directly to the involved victim. Regardless of how you pursue a civil compromise as a defendant, you must handle the situation delicately to prevent more problems.

Similarly, any victim seeking a civil compromise could raise the matter with the D.A. However, victims, too, should be careful. If you fail to comply with the law as the victim, you could be arrested and charged with compounding an offense (hampering a criminal prosecution or failing to report a violation in exchange for cash) or extortion.

Civil Compromises Are Only Available to Misdemeanors

Only misdemeanor violations qualify for dismissal through civil compromises (a misdemeanor is a violation for which the maximum punishment is not more than a year in county jail) and a fine of no more than one thousand dollars). Any kind of felony crime would not be eligible (felony violations are more severe and are punishable by time in prison).

Felony violations are not eligible for civil compromises since severe offenses harm and endanger the whole society, not only the victim, and reimbursing the victim for their loss does not fix the damage already done to the community.

Even though civil compromises are available only to misdemeanor violations, not all misdemeanors qualify. California statutes under PC 1377 prohibits these misdemeanor crimes from being resolved through civil compromises:

  • An offense committed against a minor. In California, a minor is a person under 18 years. Offenses against a minor include molesting or annoying a minor, contributing to the delinquency of a child, statutory rape, and more.
  • A domestic violence-related offense, including domestic battery against a cohabitant or spouse under PC 243(e)(1), the crime of inflicting corporal injury upon a spouse under PC 273.5, and more.
  • A crime committed against an older person under PC 368— under California criminal law, an older person is someone over sixty-five years. Common offenses against elderly persons are elder theft under PC 368(d) and elder abuse under 368(b).
  • An offense that violates a court-issued order, violating a protective order included.
  • Any violation in which the accused intended to perpetrate a felony act. This reiterates the fact that civil compromises only apply to misdemeanors. There is an exception whereby the criminal accusation against the accused is originally deemed a felony; later, the felony charges are reduced to misdemeanor ones. This is permitted when the felony charges could have instead been prosecuted as a misdemeanor. These kinds of crimes are known as wobblers.
  • Any act performed riotously— the word riotous is not clearly described in the civil compromise statute. But, from other references, riotous essentially refers to a violent disturbance of the peace by a crowd. These criminal offenses include rioting, failure to disperse, and looting.
  • Acts against or by an officer of the court or a government official on duty— an officer of the court can be a law enforcement officer, peace officer, judge, attorney general, court deputy, and district attorney.

Historically, civil compromises were available in domestic violence situations. But most states, including California, have prohibited this kind of relief in these cases. The worry is that although it is up to the involved victim to agree to a compromise, most victims will feel pressured by their abuser to initiate a compromise that might be detrimental to them. Additionally, domestic violence is increasingly regarded as an offense not only committed against the victim. It is also deemed a crime against the family and society in general.

A civil compromise is also not an option when numerous offenses have occurred, or a crime only coincidentally leads to financial damage. An example is DUI causing property damage. For example, if you were driving while intoxicated and crashed into a fence on private property, the court cannot dismiss the DUI charges through a compromise since that specific crime was not the reason for the property damage. The property damage was merely incidental to the drunk driving, and they are each distinct violations.

In other words, an element within drunk-driving charges is not destroying property. Proving DUI charges requires the prosecution only to demonstrate that a motorist drove an auto while intoxicated with alcohol or drugs.

A misdemeanor hit and run under VC 20002 is another crime that no longer qualifies for a compromise after the state’s Appellate Court ruling in February 2019 in the case of California vs. Dimacali. The court ruled by noting that the essence of a hit-and-run charge is the accused leaving the crime scene and not the accident.

Also, a compromise is possible only when an offense causes civil and criminal liability. For example, whereas petty theft under PC 484 is a crime, the victim can also sue the accused for the total value of the stolen goods. In this case, a civil compromise could be used to vacate the criminal charge and eliminate the alleged victim's need to file a civil lawsuit by the accused agreeing to give back the property they stole or reimburse the involved victim for the loss they incurred.

Consider this other example: In a general drunk-in-public case under 647(f) PC, there is a lack of civil liability since there is no supposed victim who could pursue financial loss against the accused in civil court. Thus, a civil compromise is not an option for the supposed defendant.

Other crimes that may not qualify for a compromise due to lack of civil liability include the following:

  • Prostitution.
  • Possession of prohibited weapons.
  • Welfare fraud.
  • Driving with no license.
  • Reckless driving.
  • Driving with a suspended license.
  • Loitering with the intent to commit prostitution.
  • Possession of a controlled substance.
  • Dog fighting, and more.

These crimes have no specific victims. The victim is the people of the State of California in general.

You want to note that civil compromises do not always stop criminal charges since prosecuting attorneys are not mandated to agree to them. This means even if you compensate the victim for their loss, the law does not prevent the prosecution's office from pursuing criminal charges against you if they feel it is in the interest of justice.

Civil Compromise Comes With Benefits

The accused, court, and victim can benefit when a case is resolved through a compromise. The accused benefits by preventing a conviction and the resulting criminal record or rap sheet. The victim benefits by receiving compensation for the losses they suffered, usually for theft or property destruction. The court benefits since civil compromises enable the more efficient and quick handling of low-level crimes that need not go through a complete court trial procedure to be sufficiently solved. A criminal case can take longer to make its way through the criminal justice system, and restitution will be delayed the whole time unless the parties reach a civil compromise.

California Law Authorizing Civil Compromises

PC 1378 is the California statute authorizing civil compromises. It gives judges the power to determine whether or not to grant a civil compromise to an accused by dismissing criminal charges upon payment of financial expenses incurred due to the accused's conduct.

PC 1377 lists what misdemeanor violations do not qualify for resolution through a civil compromise. A skilled lawyer can use different strategies to convince the judge or prosecutor to consent to a civil compromise for their clients.

If you have been accused of an offense that might be eligible for resolution through a civil compromise, contact an attorney to review your case details and advise you on the legal options you have moving forward.

The Dos and Don'ts

You should first discuss your case with your lawyer when seeking to obtain a civil compromise. There is a fine line between encouraging the supposed victim to agree to a civil compromise and declare they no longer wish to pursue criminal charges and trying to dissuade or intimidate a witness— a severe offense. Therefore, this is not an action that you should try to pursue on your own. Additionally, it may be a bad idea to initiate civil compromise negotiations through the D.A. Most cases seeking to dismiss charges through civil compromise are won over the D.A's objection.

You or any of your family members or friends should never try to reach out to the supposed victim directly concerning a civil compromise since your words or actions could be used as evidence against you and lead to more charges, such as contempt of court, violating a restraining order, dissuading a witness, and more.

A defendant seeking civil compromise usually thinks the supposed victim will agree to resolve the matter and does not want to pursue criminal prosecution. If you have this idea, your lawyer can contact the victim to see whether they are amenable to that arrangement. If the victim agrees to a compromise, your lawyer can draft the agreement for the supposed victim on your behalf. Additionally, you should not pay for the losses directly to the supposed victim. Instead, make the payment through your lawyer or the lawyer’s agent, for example, their investigator or third party.

Various Defense Strategies Can Help You to Enter Into or Secure a Civil Compromise Successfully

As mentioned earlier, an experienced criminal defense lawyer sometimes uses various strategies to obtain a civil compromise for their clients. For example, they may quickly reach out to the victim to discuss the civil compromise idea. Sometimes, quick discussions about compensation mean a victim will be less willing to cooperate with law enforcement officers.

And if the affected party is a business (for example, a department store in a shoplifting case), a lawyer may research various store policies that define rules for civil compromises. Creative attorneys may also explore compensation-type actions indirectly associated with paying the victim. An example is donating to a charity the victim supports.

Understand the Rules

A civil compromise must be properly pursued, and the defendant should have fully compensated the victim for it to be successful. Most times, the court will need the victim to testify that they have dropped the charges or do not wish to file any more charges. If the victim cannot appear in court, the court might request a signed declaration stating the same info. If it is a first-time violation for the defendant and there are no other pending charges, the judge is likely to drop the case.

Also, understand the value of legal help. If charged with an offense, you want to consult a defense lawyer. If you are a victim of an offense seeking a civil compromise, you also want to talk to a lawyer or the D.A. A lawyer can tell whether or not your case qualifies for a civil compromise. If it does, they will guide you through the entire procedure, be a facilitator, and advise you on the suitable restitution amount.

If you try pursuing a civil compromise without fully understanding the rules, you risk antagonizing the victim or their family, breaking the law, and additional criminal charges. A lawyer can assist you in navigating the process and obtaining the most favorable outcome for your case, including a successful compromise and all its benefits.

Beware of Blackmailers, and Extortionists

PC 518 makes it an offense to extort somebody else for money. Therefore, if a victim of an offense threatens to report you to the police or proceed with a criminal case unless you pay them, they may be charged with extortion or blackmail.

Negotiating a civil compromise needs experience, effort, and skill. When your options are few, and your case does not look good, a skilled criminal defense attorney can pursue the agreement to have the court dismiss your charges.

Find an Experienced Criminal Defense Attorney Near Me

At Los Angeles Criminal Attorney, we have skilled attorneys who can use various strategies to secure a civil compromise. If you have been accused of an offense that you believe qualifies for resolution through civil compromise or are a victim seeking relief through the same means, contact us right away for help.

We have decades of experience in California courtrooms fighting to secure civil compromise for our clients, and we can do the same for you. We will explain the civil compromise procedure in detail, act as a mediator between you and the other party, and provide you with professional legal advice. Call us at 424-333-0943 for a consultation and case evaluation.