Let's review the circumstances under which a civil compromise can result in the dismissal of criminal charges. California Penal Code 1377 PC is the statute permitting civil compromises. It applies when a judge or the prosecutor agrees to dismiss your misdemeanor charges after you reimburse the victim for the financial losses they suffered from the crime.
Civil compromises are most common in property offense cases involving vandalism, embezzlement, shoplifting, or petty theft. Felony charges cannot be dismissed through a civil compromise.
At its core, a civil compromise is a legal process that hinges on the victim's consent. It allows a judge to dismiss a misdemeanor charge if the crime resulted in civil liability, typically involving property damage. The victim, who suffered the damages, is reimbursed by you for their losses.
After you reimburse the victim for their losses or damages, they will then appear before the court where your criminal case is pending, acknowledge that they have received full compensation for their loss or damages, and say that they do not desire criminal prosecution of the misdemeanor that caused the damages.
At this point, our defense lawyers step in. They use their expertise to persuade the judge to exercise their discretion and dismiss your misdemeanor charges.
Key Takeaways
- A "civil compromise" is an agreement to make restitution to the victim in exchange for the victim's agreement not to press charges.
- For the defendant, a civil compromise can be a beacon of hope, offering a way to resolve certain misdemeanor cases without the burden of a criminal prosecution. It's a relief from the potential long-term consequences of a criminal record and the stress of a trial.
- Instead of pursuing criminal penalties, the victim accepts the compensation, and 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.
- This option only applies when both the victim and the accused agree to the arrangement.
- 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 public at large.
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."
How a Civil Compromise Works?
When initiating a civil compromise, a defendant's lawyer negotiates an agreement with the victim to provide restitution for damages caused by the misdemeanor crime, such as financial losses, property repair, replacement, or medical expenses. After 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 plays a crucial role in this process. They review the agreement to ensure it meets legal standards. If the victim has been compensated and no longer objects, the judge will typically dismiss the charges. It's essential to note that a civil compromise doesn't erase the initial arrest record. While charges may be dismissed, the arrest record remains unless further action is taken to expunge or seal it.
The civil compromise process is designed to uphold fairness and justice. It requires the victim's voluntary agreement to accept compensation and appear in court to confirm receipt of satisfactory compensation for their injury. The court then has the discretion to dismiss the case if it determines that the compromise is in the best interests of justice, providing reassurance about the fairness of the legal system.
What are the Requirements?
There are three main eligibility requirements for petitioning the court for a civil compromise, such as 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.
Anyone charged with committing a felony is generally not eligible to have their case dismissed through a civil compromise.
A defendant charged with a wobbler, which can be charged as either a misdemeanor or a felony, may also be eligible for the benefits of a civil compromise. A felony wobbler 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.
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. 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 misdemeanor crimes. Offenses involving violence, threats, or public safety concerns, such as assault or DUI cases, are excluded. They are generally limited to misdemeanor offenses that involve financial or property loss. Examples of crimes that may qualify include:
- Petty Theft (PC 484(a). The victim may agree to a civil compromise if you return the item undamaged or agree to pay for its value.
- Shoplifting (PC 459.5). Where an individual agrees to repay a store for stolen merchandise.
- Vandalism (PC 594). Damage to property, such as graffiti or minor destruction, can often be resolved through monetary restitution.
- Simple Assault (PC 240). Non-severe physical altercations where no serious injuries occurred might qualify.
- Trespassing (PC 602). If someone unlawfully causes minor property damage, they may compensate the property owner.
- Embezzlement (PC 503). Where a store cashier agrees to repay the money she stole from the register while working.
What Crimes Are Ineligible?
As noted, certain categories of crimes are considered too serious to be resolved through civil compromise. Some examples of ineligible crimes include the following:
- Felony offenses, such as burglary, robbery, or aggravated assault.
- Domestic violence charges, such as domestic battery, child abuse, and elder abuse.
- Driving under the influence (DUI) cases, such as DUI causing injury or hit and run.
Criminal charges also cannot be dismissed through civil compromise if prosecutors can show you intended to commit a felony, if the offense was against a police officer, or if the crime was committed in a "riotous" manner.
What are the Benefits?
A civil compromise is intended to benefit both the victim and the defendant charged with committing the offense. A civil compromise is beneficial to the victim because it allows them to recover for their losses without incurring the costly additional expenses associated with filing a civil lawsuit.
This means the victim can be made whole without incurring additional costs. A defendant also benefited from a civil compromise, as it would result in the charges being dropped and the criminal case being dismissed, allowing them to avoid the lifelong collateral consequences of a criminal conviction.
What are the Defense Strategies?
As noted, California Penal Code 1378 PC authorizes civil compromises by granting the judge discretion in determining whether to grant relief to a defendant by discharging a criminal case upon payment and satisfaction of any financial costs incurred as a result of the defendant's conduct.
Our experienced California criminal defense attorneys can use a range of strategies to secure a civil compromise. If you have been charged with a misdemeanor crime that may be eligible for resolution through a civil compromise, contact our law firm to discuss your legal options moving forward. For more information, contact the Hedding Law Firm, located in Los Angeles, CA.
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