For certain misdemeanors in California, one common way to have the charges dropped is through a "civil compromise," that is, an agreement to make restitution to the victim in exchange for the victim's agreement not to press charges.
While a civil compromise isn't a universal solution, when the circumstances align, it can offer a ray of hope. If the crime is eligible, the victim is agreeable, and you can make proper restitution, it can be a viable option for avoiding a criminal record, providing a sense of relief in an otherwise stressful situation.
Under California Penal Code 1377 PC, the concept of civil compromise provides an alternative path to resolving certain misdemeanor criminal cases. This approach allows defendants to potentially have charges dismissed if they fully compensate the victim for their loss, promoting a balance between accountability and restorative justice. This fairness in the process can reassure you about the justice system's commitment to equity.
As a defendant in a criminal case, understanding the intricacies of civil compromise can significantly impact your journey through the legal system, potentially leading to a more favorable outcome.
Empower yourself by understanding how a civil compromise works, its eligibility criteria, the legal implications, and the steps involved in pursuing this option. This knowledge can give you a sense of control and confidence in navigating the legal landscape.
In the simplest terms, a civil compromise is a legal provision that allows certain misdemeanor cases to be resolved without proceeding with a criminal prosecution. It's an agreement to have a criminal case dismissed in exchange for compensating the victim of an offense for the injury they incurred. Let's take a deeper look below.
What Is a Civil Compromise?
A civil compromise is a legal agreement in which a person accused of a misdemeanor resolves the matter by compensating the victim for their losses, effectively making them whole. Instead of pursuing criminal penalties, the victim accepts the compensation, and in certain cases, the court may dismiss the charges entirely.
The primary principle behind this process is the restoration of the victim through restitution rather than punishing the accused.
Civil compromises are intended for minor offenses where repairing the harm done can effectively resolve the issue. It is a tool that promotes efficiency in the legal system by resolving disputes without requiring a full trial.
This option only applies when both the victim and the accused agree to the arrangement. Furthermore, the court must approve the dismissal, ensuring that the agreement is fair and appropriate under the circumstances.
By compensating the victim fully for their loss, the defendant can request that the charges against them be dropped. This option is available when the offense primarily affects a specific individual, rather than the general public, such as cases involving minor property damage or financial loss.
What Does PC 1377 Say?
The full statutory text of California Penal Code 1377 PC says -
"When the person injured by an act constituting a misdemeanor has a remedy by a civil action, the offense may be compromised, as provided in Section 1378, except when it is committed as follows:
(a) By or upon an officer of justice, while in the execution of the duties of their office.
(b) Riotously.
(c) With an intent to commit a felony.
(d) In violation of any court order as described in Section 273.6 or 273.65.
(e) By or upon any family or household member, or upon any person when the violation involves any person described in Section 6211 of the Family Code or subdivision (b) of Section 13700 of this code.
(f) Upon an elder, in violation of Section 368 of this code or Section 15656 of the Welfare and Institutions Code.
(g) Upon a child, as described in Section 647.6 or 11165.6."
What Does PC 1378 Say?
The full statutory text of California Penal Code 1378 PC says -
"If the person injured appears before the court in which the action is pending at any time before trial, and acknowledges that he has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be stayed upon the prosecution, and the defendant to be discharged therefrom; but in such case the reasons for the order must be set forth therein, and entered on the minutes. The order is a bar to another prosecution for the same offense."
How Does a Civil Compromise Work?
When initiating a civil compromise, the accused and their attorney negotiate an agreement with the victim, outlining compensation or restitution for damages caused by the misdemeanor.
This may cover financial losses, such as property repair, replacement, or medical expenses. Once an agreement is reached, the victim must notify the court, typically through an affidavit, that they've received full restitution and no longer wish to pursue charges.
The judge then reviews the agreement to ensure it meets legal standards. If the victim has been compensated and no longer objects, the judge may dismiss the charges.
Bear in mind that even when a civil compromise is reached, the judge's discretion still applies to the dismissal of the charges. This option is typically reserved for cases where public safety isn't at risk and justice is served through restitution. It should also be noted that a civil compromise doesn't erase the initial arrest. While charges may be dismissed, the arrest record remains unless further action is taken to expunge or seal it.
The civil compromise process requires that the victim agree to accept compensation and appear in court to confirm that they have received satisfactory compensation for their injury.
The court's decision to dismiss the case hinges on its determination that the compromise serves the best interests of justice. Crucially, the victim's voluntary cooperation is a fundamental requirement, as the law does not compel them to participate in this process.
Requirements for a Civil Compromise
The option to civil compromise a criminal case is not available to everyone charged with a crime. There are three main eligibility requirements for petitioning the court for a civil compromise, including the following:
- Defendant must be charged with a misdemeanor offense.
- The victim must agree that satisfaction has been received.
- The judge must find that dismissal is in the interest of justice.
As noted, a civil compromise is only available to persons charged with committing a misdemeanor crime in California. Thus, a person charged with committing a felony is generally not eligible to have their case dismissed through a civil compromise.
A defendant charged with a wobbler may also seek the benefits of a civil compromise. A wobbler is an offense that can either be charged as a misdemeanor or a felony. A felony wobbler offense must first be reduced to a misdemeanor pursuant to Penal Code 17(b) PC, and then dismissed by civil compromise in the interest of justice.
To civil compromise a case, the victim of the alleged offense must appear in court and verify that they have received satisfaction for the injury they incurred.
Satisfaction is typically obtained through payment for the damage to the victim's person or property. Satisfaction can also be made by the return of property to the victim whenever the offense is related to the theft of property.
A judge is not required to dismiss a case by way of civil compromise just because the victim acknowledges receipt of satisfaction. Rather, a judge must find that civil compromise is appropriate in the interest of justice before a case may be dismissed. Some factors the court will consider include the defendant's past criminal history, the extent of the injury to the victim, and the defendant's acceptance of responsibility for their conduct.
What Crimes Are Eligible?
Civil compromise does not apply to all types of crimes. Offenses involving violence, threats, or public safety concerns, such as assault or DUI cases, are excluded from this provision. This safeguard ensures that the statute is used to settle minor disputes without undermining the need for public accountability in more serious offenses.
Civil compromises are generally limited to misdemeanor offenses that involve financial or property loss. Examples of crimes that may qualify include:
- Petty Theft (PC 484(a): If you're charged with shoplifting (PC 459.5) or stealing a small item, for example, the victim may agree to a civil compromise if you return the item undamaged or agree to pay for its value.
- Vandalism (PC 594): Damage to property, such as graffiti or minor destruction, can often be resolved through monetary restitution to the property owner.
- Simple Assault (PC 240): Non-severe physical altercations where no serious injuries occurred might qualify, provided the victim is willing to accept restitution.
- Trespassing (PC 602): If someone unlawfully enters another person's property and causes minor damage, they may settle the matter by compensating the property owner.
- Embezzlement (PC 503): This crime is the fraudulent appropriation of property by someone to whom it has been entrusted.
Successful civil compromises in these cases depend heavily on the victim's willingness to accept restitution in place of a criminal prosecution. Without the victim's cooperation, this option is unavailable.
What are Some Examples?
As noted, several types of criminal charges can be resolved through a civil compromise, including:
- A shoplifting charge (PC 459.5) where an individual agrees to repay a store for stolen merchandise.
- A petty theft charge (PC 484(a)) where an individual agrees to repay a victim for stealing their property.
- A vandalism charge (PC 594) where an individual agrees to pay to clean up graffiti that he sprayed on the victim's property.
- An embezzlement charge (PC 503) where a store cashier agrees to repay the money she stole from the register while working.
Civil compromises are only available when a single act gives rise to both criminal and civil liability.
What Crimes Are Ineligible?
As noted above, certain categories of crimes are considered too serious to be resolved through civil compromise, even if restitution is offered to the victim. Some examples of ineligible crimes include (but are not limited to):
- Felonies: More severe offenses, such as burglary, robbery, or aggravated assault, cannot be resolved through a civil compromise.
- Domestic Violence: Charges involving domestic violence cannot be dismissed through a civil compromise, as these cases often involve complex dynamics where victims may not feel empowered to object to prosecution freely. Prosecution in these cases is often pursued regardless of the victim's preferences as a matter of public policy.
- Child or Elder Abuse: Any offense involving harm to vulnerable populations, such as children or the elderly, is categorically excluded from civil compromise.
- Driving Under the Influence (DUI): DUI cases inherently endanger public safety and are not eligible for dismissal based on restitution to an individual victim.
Criminal charges also cannot be dismissed through civil compromise if prosecutors can show you intended to commit a felony (even if you did not), if the offense was against a police officer, or if the crime was committed in a "riotous" manner.
Benefits of a Civil Compromise
A civil compromise is intended to benefit both the victim of a crime and the defendant charged with committing the offense. A civil compromise is beneficial to the victim of a crime because it allows the victim to recover for their losses without incurring the costly additional expenses associated with filing a civil lawsuit.
Thus, the victim can be made whole without incurring additional costs. Additionally, the defendant also benefited from a civil compromise, as it would ultimately result in the charges being dropped and the criminal case being dismissed. By having the charges dropped, the defendant is able to avoid the lifelong collateral consequences of a criminal conviction.
Why You Need a Defense Lawyer
California Penal Code 1378 PC authorizes civil compromises. This statute grants the judge discretion in determining whether to grant relief to a defendant by dismissing a criminal case upon payment and satisfaction of any financial costs incurred as a result of the defendant's conduct.
As discussed in the previous section, PC 1377 outlines the types of misdemeanor cases that cannot be resolved in this manner.
Our experienced California criminal lawyers can employ a range of strategies to secure a civil compromise for their clients. If you have been charged with a crime that may be eligible for resolution through a civil compromise, contact our law firm to review the details and discuss your legal options moving forward.
Eisner Gorin LLP is located in Los Angeles County, and we represent people throughout Southern California.
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