Civil Compromise

Table of contents

Click To travel To Chapters

1. What is Civil Compromise?

In California, a civil compromise is a legal process that allows a defendant to resolve certain misdemeanor criminal charges outside of the traditional criminal justice system. Under Penal Code 1378 PC, civil compromise gives defendants the opportunity to have their charges dismissed after compensating the victim for their losses. This process can be a useful tool for both defendants and victims, providing a way to avoid the long-term consequences of a criminal conviction while ensuring that the victim is made whole for any harm or damages caused.

Here’s an overview of how civil compromise works in California, the types of offenses it applies to, and the benefits for both defendants and victims.

How Does Civil Compromise Work?

Civil compromise operates as a mechanism where a defendant can have their misdemeanor charges dismissed after they:

Reimburse the victim for any financial damages resulting from the crime (typically property damage, theft, or other similar offenses).
Once compensation is made, the victim must appear before the court and confirm that they have been paid and that they no longer wish to pursue criminal prosecution.

After these steps, a judge may use their discretion to dismiss the criminal charges, effectively giving the defendant a fresh start and avoiding the permanent consequences of a criminal conviction.

When is Civil Compromise Not Allowed?

While civil compromise can be beneficial in certain situations, it is not available for all misdemeanor offenses. According to Penal Code 1377, civil compromise is prohibited in cases involving:

Crimes committed against law enforcement officers while they are performing their duties.
Crimes committed in a riotous manner or with the intent to commit a felony.
Crimes committed in violation of a court order.
Domestic violence cases.
Crimes committed against elderly individuals or children.
Driving Under the Influence (DUI) offenses, especially where there’s no property damage.

Additionally, civil compromise is no longer allowed for hit and run cases under Vehicle Code 20002.

Benefits of Civil Compromise

There are several key benefits to pursuing a civil compromise, both for the defendant and the victim:

Resolution Without Criminal Conviction: For defendants, the most significant benefit of civil compromise is that it allows them to avoid a criminal conviction, which could otherwise result in a permanent criminal record. This can be crucial for future employment opportunities and personal reputation.
Faster and More Efficient Resolution: Civil compromises provide a faster resolution to the case than a trial or lengthy court proceedings. This allows both the defendant and the victim to move on without the stress and uncertainty of a drawn-out criminal case.
Victim Compensation: Civil compromise ensures that the victim is compensated for their losses. This might involve reimbursing the victim directly for property damage or theft, or other agreed-upon terms that make the victim whole.
Avoidance of Jail Time: For misdemeanor offenses, resolving the case through civil compromise may eliminate the need for jail time or probation, which are typical penalties for criminal convictions.

Can Civil Compromise Stop Prosecutors from Pursuing the Case?

It’s important to note that a civil compromise is not automatic. Even if a defendant compensates the victim, the district attorney or prosecutor does not have to agree to the civil compromise. The prosecutor may still choose to pursue the case, regardless of the defendant’s efforts to compensate the victim.

However, once a prosecutor agrees to the civil compromise, it is up to the judge to decide whether to dismiss the charges. In many cases, judges are inclined to grant a civil compromise if the victim has been properly compensated and expresses a desire not to pursue the case further.

How to Successfully Pursue a Civil Compromise

There are several strategies that can help a defendant successfully secure a civil compromise:

Timely Compensation: Promptly reimbursing the victim for their financial loss can demonstrate the defendant’s willingness to take responsibility for their actions and make amends.
Cooperation with the Victim: Engaging with the victim and negotiating a resolution that satisfies their interests is crucial. This might include direct payments or, in some cases, charitable donations made on behalf of the victim.
Attorney Representation: Having a skilled criminal defense attorney can be a significant asset. An attorney can help facilitate negotiations, ensure that the victim is properly compensated, and work with the prosecutor to secure approval for the civil compromise.

2. What are examples of Civil Compromise?

In California, civil compromise offers defendants the opportunity to resolve certain misdemeanor charges by compensating the victim for their financial losses, thus potentially avoiding a criminal conviction. Under Penal Code 1378, a civil compromise allows a judge to dismiss criminal charges once the victim has been reimbursed, and the victim states they no longer wish to pursue prosecution. Below are several real-world examples of how civil compromise can be used to resolve misdemeanor charges effectively.

1. Shoplifting (PC 459.5)

Scenario:
Lisa is charged with shoplifting under Penal Code 459.5 for stealing $150 worth of alcohol from a local Costco. After her arrest, Lisa reaches out to Costco to offer reimbursement for the stolen goods. She agrees to pay the store the full amount of $150 for the alcohol she took.

Outcome:
The victim (Costco) confirms that they have received full payment for the stolen merchandise and states that they do not wish to press charges. A judge, upon reviewing the case and the victim’s statement, may grant a civil compromise, leading to the dismissal of Lisa’s shoplifting charge.

2. Vandalism (PC 594)

Scenario:
Jose is charged with vandalism under Penal Code 594 for keying Sarah’s car, causing $500 worth of damage. Jose expresses remorse for his actions and agrees to compensate Sarah for the damages. He hands over the $500 to Sarah and arranges a meeting with her to confirm the payment.

Outcome:
Sarah appears in court and affirms that she has been fully compensated for the damages. She also states that she does not want to proceed with criminal charges. The judge, seeing that Jose has made restitution to the victim, may grant a civil compromise, allowing Jose to avoid a criminal conviction for vandalism.

3. Petty Theft (PC 484(a))

Scenario:
Richard is caught stealing a radio worth $250 from Doug’s car, and he is charged with petty theft under Penal Code 484(a). Richard realizes the seriousness of his actions and quickly contacts Doug, offering to pay him back for the radio.

Outcome:
Doug agrees to accept the $250 Richard offers as full compensation for the stolen property. Doug appears in court and confirms that he has been reimbursed and that he does not wish to pursue criminal prosecution. As a result, the judge may approve a civil compromise and dismiss the petty theft charge against Richard.

4. Embezzlement (PC 503)

Scenario:
Jessica, an office manager, is accused of embezzling funds from her employer under Penal Code 503. After being caught taking $1,000, she agrees to return the stolen amount and even offers to cover additional administrative costs caused by her actions.

Outcome:
Jessica repays the $1,000 to her employer and arranges for the reimbursement of any additional fees related to the embezzlement. The employer confirms that they have been fully compensated and no longer wish to pursue the case. With this, a judge may grant a civil compromise, resulting in the dismissal of the embezzlement charge.

5. Trespassing (PC 602)

Scenario:
David is charged with trespassing after being caught on private property without permission, causing $100 in minor damage. David recognizes the mistake and agrees to pay for the damage, as well as for any minor inconvenience caused to the property owner.

Outcome:
David pays the $100 in damages to the property owner. The property owner appears in court and confirms that they have been fully compensated for the damage and that they do not want to proceed with criminal charges. The judge may dismiss the trespassing charge under the civil compromise process.

6. Battery (PC 242)

Scenario:
In a heated argument, Robert is charged with battery under Penal Code 242 for a minor physical altercation that left the victim with no serious injuries. After realizing the impact of his actions, Robert agrees to pay for the victim’s medical bills and any lost wages.

Outcome:
The victim acknowledges receiving full compensation and informs the court that they do not wish to pursue the battery charge. The judge may accept the civil compromise, dismissing the charge against Robert.

7. Forgery (PC 475)

Scenario:
Emily is charged with forgery for attempting to cash a fake check, resulting in a $200 financial loss to the victim. Emily immediately contacts the victim and agrees to reimburse them for the full amount of the forged check.

Outcome:
The victim agrees to accept the $200 reimbursement, and both parties appear in court to confirm that the matter has been resolved. With no objection from the victim, the judge may dismiss the forgery charge against Emily, thanks to the civil compromise.

3. What are the penalties for Civil Compromise?

In California, civil compromise is a legal process that allows a defendant to resolve certain misdemeanor charges by compensating the victim for any financial damages, which may result in the dismissal of the criminal charges. The penalties associated with civil compromise are not necessarily penalties in the traditional sense, as the goal of the process is to avoid criminal penalties altogether. However, there are potential consequences and limitations associated with the use of civil compromise. Understanding these can help defendants and victims navigate the process effectively.

Here’s a breakdown of what you need to know about the penalties or limitations in a civil compromise situation.

1. No Immediate Criminal Penalties if the Compromise is Approved

One of the main benefits of civil compromise is that, if successful, it can avoid criminal penalties. When a defendant compensates the victim for any damages (usually related to theft, vandalism, or property damage) and the victim agrees to drop the charges, a judge can dismiss the charges entirely.

If the judge grants the civil compromise:

The defendant avoids a criminal conviction.
The defendant avoids jail time or probation typically associated with a misdemeanor conviction.
The defendant avoids a permanent criminal record.

This is often considered a “win-win” situation, as the defendant does not face the usual penalties for their actions, and the victim is compensated for their loss.

2. Limited to Misdemeanor Offenses

Civil compromise only applies to misdemeanor offenses. For crimes that are categorized as felonies, such as assault with a deadly weapon, robbery, or murder, a civil compromise is not an option. Therefore, any felony charge will still carry its normal penalties, regardless of whether the victim agrees to compensation.

If a defendant attempts to use civil compromise for a felony, the case will proceed through the traditional criminal justice system, and penalties such as prison time, large fines, and lengthy probation periods may still apply.

3. Not Available for Certain Misdemeanors

While civil compromise can work for many property crimes, there are certain offenses where it is not available. As per Penal Code 1377, civil compromise is prohibited in the following circumstances:

Domestic violence cases: A civil compromise is not allowed for crimes involving domestic violence, as the law seeks to protect victims and ensure that perpetrators are held accountable for their actions.
Crimes committed against police officers: If the crime was committed against a law enforcement officer while they were performing their duties, civil compromise is not applicable.
Crimes committed in a riotous manner or with felony intent: If the crime was committed in a violent or aggressive manner, or with the intent to commit a felony, a civil compromise is not allowed.
Crimes in violation of a court order: If the defendant violated a court order (such as a restraining order), civil compromise will not be an option.
Crimes involving elderly or child victims: Civil compromise is not available for crimes committed against elderly individuals or children, as these cases often involve enhanced legal protections.

For these types of offenses, the defendant will still face the full range of criminal penalties that the law provides, regardless of the victim’s willingness to reach a financial settlement.

4. Potential Impact on the Defendant’s Criminal Record

If a civil compromise is successfully granted and charges are dismissed, the defendant typically avoids a criminal record. This is one of the primary advantages of pursuing civil compromise. However, this benefit is contingent on the following:

The victim’s full cooperation in the civil compromise process.
The judge’s approval of the civil compromise, as the judge has discretion in whether or not to accept the compromise.
The defendant must have fully reimbursed the victim for any financial damages, and the victim must affirm this in court.

If the defendant fails to compensate the victim or the judge does not approve the compromise, the case will proceed through the standard criminal process, potentially leading to a criminal conviction and subsequent penalties.

5. Prosecutor’s Discretion in Civil Compromise

A prosecutor in a civil compromise case is not legally obligated to approve the agreement. Even if the defendant fully compensates the victim, the prosecutor can still choose to pursue the case in court, irrespective of the civil compromise. If the prosecutor opposes the civil compromise, the charges may not be dismissed, and the defendant will face the potential penalties associated with the original offense.

This means that, while the civil compromise offers a potential penalty reduction, it is never a guaranteed way to escape the full penalties of a criminal conviction, as it requires both the victim’s agreement and the prosecutor’s approval.

6. Risks of Attempting a Civil Compromise for Ineligible Offenses

If a defendant attempts to pursue a civil compromise for an ineligible offense (such as a felony or a domestic violence charge), they may face negative legal consequences. For example, if a civil compromise is mistakenly pursued in a case where it is not allowed, the judge may deny the request, and the defendant may have to face additional legal penalties. Furthermore, if the defendant attempts to bypass the legal process or misleads the court about the nature of the offense, it could result in contempt of court or other penalties.

7. Failure to Reimburse Victims

If the defendant agrees to a civil compromise but fails to fully reimburse the victim or does not follow through with the agreed-upon compensation, this can lead to serious consequences. The court may reject the civil compromise, and the defendant may be forced to proceed with the original criminal charges. This could result in the usual criminal penalties for the offense, such as:

Jail time or prison time (depending on the severity of the crime).
Probation and fines.
A permanent criminal record.

4. What are legal defenses for Civil Compromise?

In California, civil compromise is a process that allows defendants to resolve certain misdemeanor charges by compensating the victim for any financial losses or property damage, potentially leading to the dismissal of criminal charges. Under Penal Code 1378, a judge can dismiss charges if the victim is reimbursed and agrees not to pursue prosecution. While civil compromise offers a favorable resolution for many defendants, there are situations where legal defenses might play a crucial role in securing the compromise or avoiding criminal conviction.

Below are several legal defenses that could be used to either obtain a civil compromise or challenge the charges in the first place:

1. Lack of Evidence to Prove the Crime

One of the most fundamental legal defenses in any criminal case, including civil compromise cases, is the lack of evidence to prove the defendant committed the alleged crime. If the prosecution does not have sufficient evidence to prove the defendant’s guilt beyond a reasonable doubt, the charges may be dismissed, and a civil compromise could become a viable option.

For example, if the defendant is accused of petty theft under Penal Code 484, but there is no clear proof that the defendant took the property, the charges may be weak. If the defendant offers to reimburse the victim as part of a civil compromise, the case could be dismissed due to insufficient evidence.

2. Victim’s Acknowledgment and Agreement to Civil Compromise

A key element of civil compromise is the victim’s agreement to accept restitution and forgo criminal prosecution. If the victim acknowledges that they have been fully compensated and expresses a desire to drop the charges, this can be used as a defense in favor of the civil compromise. The defendant must ensure that they have obtained the victim’s consent and that the victim will appear in court to confirm this agreement.

Example: In a vandalism case (PC 594), if the defendant has reimbursed the victim for the damages and the victim voluntarily decides not to pursue the case further, the defendant may argue that the civil compromise is a valid resolution.

If the victim refuses to cooperate or makes conflicting statements, however, a civil compromise may be rejected, and the case could proceed to trial.

3. Restitution as Full Compensation

If the defendant has repaid the victim for the full financial loss or damages, this can act as a defense to the criminal charges. In cases of theft, vandalism, or embezzlement, where the defendant compensates the victim for the property loss, the court may see this as sufficient grounds to dismiss the charges through civil compromise.

Example: If the defendant is charged with embezzlement (PC 503) but has already reimbursed the victim for the full amount of money stolen, this could serve as a legal defense that leads to the acceptance of a civil compromise.

The key defense here is that the defendant’s compensation addresses the harm caused, and the victim is no longer interested in criminal prosecution.

4. Prosecutor’s Discretion and Agreement to Civil Compromise

Although a civil compromise is not guaranteed, one of the defenses available is convincing the prosecutor to agree to the civil compromise. Prosecutors have discretion in whether to allow a civil compromise, and convincing them that it is in the best interest of justice may help resolve the case.

Example: In a shoplifting case (PC 459.5), if the defendant has repaid the store for the stolen goods and the store is satisfied with the reimbursement, the defendant’s attorney could negotiate with the prosecutor to seek approval for a civil compromise.

In some cases, the prosecutor may choose to proceed with the case despite the victim’s compensation, but having a solid defense showing full reimbursement and the victim’s agreement can lead to a favorable outcome.

5. Lack of Criminal Intent or Knowledge

In some cases, the defendant may argue that they did not have the criminal intent or knowledge required to commit the offense. For example, if the defendant was unaware that they were committing theft, or if there was a misunderstanding that led to the criminal behavior, this can be a valid defense.

Example: If a defendant is charged with petty theft (PC 484) but can show that they took the property by accident or in a manner that did not involve criminal intent, this defense could convince the court to approve a civil compromise.

While this defense does not necessarily absolve the defendant of all liability, it could support the argument that the charges should be dismissed through civil compromise, particularly if the victim agrees to the resolution.

6. Defendant’s Rehabilitation or Remorse

If the defendant has shown genuine remorse for their actions and has demonstrated a commitment to rehabilitation, this could influence the court’s decision to allow a civil compromise. Defendants who show that they have taken steps to address the underlying issues (such as attending counseling or community service) may be viewed more favorably by the judge, especially if the victim agrees to a compromise.

Example: A defendant charged with vandalism (PC 594) who has voluntarily participated in community service or anger management classes may be able to demonstrate to the court that they have taken responsibility for their actions. This could persuade the court to approve a civil compromise, especially if the victim has been compensated for the damages.

7. Victim’s Settlement in Civil Court

In some cases, defendants can argue that the victim has already been compensated through a separate civil settlement. If the victim has already been fully compensated for the damages through a civil lawsuit or other means, the defendant may use this as a defense to avoid criminal prosecution.

Example: A defendant charged with embezzlement (PC 503) may argue that they already settled the matter with the victim through a civil court case, where the victim was compensated for their losses. The defendant may then use this settlement as leverage in seeking a civil compromise for the criminal case.

8. Discretion of the Judge

Ultimately, civil compromise is granted at the discretion of the judge overseeing the case. If the defendant can present a compelling argument that the civil compromise serves the interest of justice, the judge may choose to approve it. Factors such as the severity of the offense, the defendant’s prior criminal history, and the victim’s willingness to forgive may all play a role in the judge’s decision.

Example: In a shoplifting case, the defendant’s attorney might argue that the offense was a minor mistake, that the defendant has shown remorse, and that the victim has been fully reimbursed. If the judge is convinced by this argument, they may grant the civil compromise and dismiss the charge.

our clients say it best

Client Testimonials

5. What are related offenses to Civil Compromise?

In California, civil compromise offers a way for defendants to resolve certain misdemeanor criminal charges by compensating the victim for any damages or financial losses caused by the offense. This process can result in the dismissal of charges, providing a favorable outcome for the defendant. However, not all offenses are eligible for civil compromise. In this article, we’ll explore some of the related offenses that are most commonly linked to civil compromise, as well as those that are ineligible for this form of resolution.

Offenses Eligible for Civil Compromise

While civil compromise is primarily applicable to property offenses, the following crimes are the most commonly related to civil compromise and may qualify for this resolution:

1. Petty Theft (Penal Code 484 PC)

Petty theft is one of the most common offenses eligible for civil compromise. Under Penal Code 484, a person commits petty theft by unlawfully taking someone else’s property with the intent to permanently deprive them of it.

Example: If a defendant steals a small item from a store and then compensates the store for the loss, the charges could potentially be dismissed if the victim (the store) agrees to the civil compromise.

Key Conditions: The defendant must reimburse the victim for the stolen item, and the victim must agree not to pursue criminal prosecution.

2. Vandalism (Penal Code 594 PC)

Vandalism, under Penal Code 594, involves willfully damaging or defacing someone else’s property. This crime can range from graffiti on a wall to keying a car. When the victim’s property has been damaged, a civil compromise may be a viable option if the defendant compensates the victim for the damages.

Example: A defendant charged with vandalism for spray-painting a neighbor’s fence could enter into a civil compromise by paying for the repair costs, leading to the dismissal of the charges.

Key Conditions: The defendant must fully compensate the victim for the damage caused and secure the victim’s agreement to drop the charges.

3. Shoplifting (Penal Code 459.5 PC)

Shoplifting, as defined in Penal Code 459.5, refers to the theft of merchandise from a store with the intent to steal goods valued at $950 or less. This crime is often a misdemeanor and may be eligible for a civil compromise if the defendant repays the store for the stolen items and the store agrees to drop the charges.

Example: If a person is caught stealing a $50 item from a store and later reimburses the store for the full value of the stolen goods, a civil compromise could lead to the dismissal of the charge.

Key Conditions: The store must acknowledge that they have been paid for the merchandise and agree to forgo prosecution.

4. Embezzlement (Penal Code 503 PC)

Embezzlement under Penal Code 503 occurs when a person who has lawful possession of someone else’s property (often as an employee) fraudulently takes that property for their own use. If the defendant repays the victim (often an employer or a business) for the stolen money or property, a civil compromise may be a viable option.

Example: If an employee is caught embezzling a small amount of money from the cash register, they could reimburse the employer, and the employer may agree to drop the criminal charges.

Key Conditions: The defendant must pay back the full amount of the stolen property, and the employer must agree to the civil compromise.

5. Receiving Stolen Property (Penal Code 496 PC)

Receiving stolen property under Penal Code 496 involves knowingly buying, selling, or possessing property that was stolen. If the defendant compensates the original victim for the loss of their property and can return the stolen goods, the case could be eligible for civil compromise.

Example: If someone purchases a stolen bicycle and later returns it to the rightful owner, the person might be able to resolve the matter through civil compromise if they compensate the owner for the loss.

Key Conditions: The defendant must return the stolen property and pay restitution to the victim, and the victim must consent to the compromise.

Offenses Ineligible for Civil Compromise

While many property offenses can be resolved through civil compromise, certain crimes are ineligible for this resolution due to the nature of the offense or the victim involved. These offenses generally involve more serious harm, public safety concerns, or crimes against certain individuals or entities.

1. Crimes Committed Against Police Officers

Under Penal Code 1377, civil compromise is not allowed for crimes committed against police officers while they are performing their official duties. Crimes such as battery or assault on a police officer cannot be resolved through a civil compromise.

Example: If a defendant is charged with assaulting a police officer during an arrest, they cannot use civil compromise to avoid prosecution, even if the officer is compensated for any personal injuries.

2. Domestic Violence Offenses

Civil compromise is not allowed in cases involving domestic violence, as defined under California law. Domestic violence encompasses a range of crimes, including battery, threats, and emotional abuse, and is considered a serious crime due to the risk it poses to individuals within domestic relationships.

Example: A defendant charged with domestic battery cannot resolve the case through civil compromise, even if they offer to pay the victim for damages or injuries.

3. Hit-and-Run (Vehicle Code 20002 VC)

The crime of leaving the scene of an accident without providing information or offering assistance is also ineligible for civil compromise under Vehicle Code 20002 VC. Even if the defendant compensates the victim for damages, the hit-and-run offense cannot be dismissed through this process.

Example: A person involved in a car accident who leaves the scene cannot use civil compromise as a defense, regardless of whether the victim is compensated.

4. Crimes Involving Riots or Felony Intent

Crimes committed in a riotous manner or with the intent to commit a felony are not eligible for civil compromise. This includes crimes that involve acts of violence or property destruction as part of a larger group effort, where the intent is more serious than a mere property dispute.

Example: A defendant involved in a riot or committing theft during a riot cannot use civil compromise to avoid criminal penalties.

5. Crimes Against Children or Elderly Persons

Civil compromise cannot be used for crimes committed against children or elderly persons, as these groups are afforded additional legal protections. Even if the victim is compensated for their damages, civil compromise is not available in these cases due to the vulnerable status of the victims.

Example: A defendant who commits elder abuse or a crime against a child cannot resolve the case via civil compromise.

Protecting Your Rights, Defending Your Future

Get in touch with our lawyers today to schedule a consultation and learn how we can help you. We are here to answer your questions and provide you with the support you need during this difficult time.

Client Satisfaction Is Priority

You Are More Than What They Say

We Always Go The Extra Mile

Get A Free Consult

818.650.1744

@Gracelegalgroup