In California, a "civil compromise" is an agreement between the court, a defendant, and a victim of a criminal act. In this agreement, the victim accepts compensation for their losses in exchange for dismissing the criminal case. Most criminal cases are resolved with a conviction and punishment, such as fines and jail time. Therefore, a civil compromise is one of the most favorable ways in which your case can end.

A civil compromise is not available for all cases. Your case must be a misdemeanor, such as shoplifting, petty theft, embezzlement, and related crimes. If you commit a crime against an elder, a child, or a peace officer, you must face a criminal trial and conviction. Although civil compromise allows victims an opportunity to recover from their losses, not all victims are willing to enter into this agreement.

Therefore, you will require the insight of a skilled criminal lawyer to help convince all the parties involved to enter into this agreement.

Understanding Civil Compromise in California

Most victims of criminal acts seek justice through criminal charges, and a defendant’s conviction is a desirable outcome. Unfortunately, this will not benefit them or help them recover from the losses associated with the crime. A civil compromise encompasses a judge’s consent to drop your charges in exchange for the accused paying the victims for the damages caused.

Although all parties involved in a criminal case must agree to this outcome, the judge is the only person with authority to approve the civil compromise. A civil compromise is only available when your offense is a misdemeanor. Therefore, if you face a felony charge, you must go to trial.

Another criterion that your case must meet for a possible civil compromise is that there should be a civil remedy for your case. A civil remedy means that the victim can seek monetary compensation. In cases where there is no victim to claim monetary compensation, civil compromise is not an option.

For example, drunk driving is a misdemeanor that can cause damage. However, an injury to another person or property damage is not always a factor in your case. For this reason, you cannot resolve the case through a civil compromise.

Stages of Civil Compromise

There are three main steps that you must take when entering a civil compromise for criminal cases, including the following:

  • Petty theft.
  • Battery.
  • Vandalism.
  • Assault.
  • Shoplifting.

Ensure that your Crime Meets the Criteria

While it is clear that you can only enter civil compromise for a misdemeanor conviction, not all misdemeanors qualify. Common offenses for which you can compensate the victim and have the charges dropped include:

The Victim Must Be Satisfied with the Compromise

The most important element of a civil compromise is that the victim must accept having the charges dropped and accepting compensation. The victims must appear before the judge and issue a statement stating they do not wish to pursue criminal charges. However, victims are protected from coercion and harassment into entering a civil compromise. Therefore, you must be careful when approaching them.

A direct approach to a victim could attract additional charges for intimidating a witness and contempt of court, among other crimes. The guidance of a knowledgeable criminal lawyer is necessary to convince the victim that a civil compromise is the best option for you to resolve the case. A criminal lawyer will gather information about the victim’s desire to settle the case.

Additionally, they can follow the right procedures to compensate the victim. By contacting the alleged victim immediately after filing the charges, your lawyer can make the victim less willing to work with the police and consider a civil compromise. Compensation should be done through an attorney or representative of the victim. When the victim informs the court that they have received the compensation, the dismissal of the case could progress.

The Prosecution and Judge Approve the Civil Compromise

Even when the victim does not wish to pursue a case against you and you agree to compensate them, your case will only be dismissed when the court accepts the civil compromise. Your criminal attorney cannot decide solely based on the victim’s consent.

Additionally, you must understand that other prosecuting agencies, like the immigration authorities, can seek to penalize you for your actions.

Your attorney will need to use certain legal strategies to convince the court to accept a civil compromise as an outcome for your case. Sometimes, the court can mandate that you serve your sentence by denying you a civil compromise opportunity.

Benefits of Civil Compromise

Resolving your criminal case through civil compromise will benefit all the parties involved in the case:

The Defendant

A conviction for most criminal charges will result in incarceration and hefty fines. Spending time behind bars is not on anyone’s wish list. The time you spend in jail could cause you to miss out on time with your family.

Additionally, you could lose your job and suffer emotional trauma. Depending on the specific circumstances of your case, the fines imposed by the court can take a toll on your financial life.

Even when you escape jail time through a probation sentence, you will be tied to the justice system for up to five years, which is tedious. Additionally, the conditions that accompany a probation sentence may limit your life. You can avoid the aftermath of a criminal conviction by entering a civil compromise.

Another benefit you will accrue from a civil compromise is that your charges will be dismissed, meaning you will not have a criminal record. Misdemeanor and felony convictions under California law will be entered on your record. A criminal conviction is accessible to the public and can be used against you by anyone who finds it.

Having a conviction on your record can limit your employment prospects and change how people view you in society. You will only be able to avoid the consequences of your criminal conviction by seeking an expungement, which requires an additional legal procedure. If you enter a civil compromise, the criminal charges can no longer be pursued. Therefore, you will maintain a clean record.

The Victim

When a criminal case ends in a conviction and you are sent to jail, the victim of your crime may feel some form of satisfaction. However, this cannot help them recover from the financial setbacks that your acts may have caused. If a victim of a criminal act wants to recover compensation, they must file a civil lawsuit.

Civil lawsuits are independent of criminal charges. Therefore, your conviction does not guarantee that the victim will win a civil suit. After filing the claim, the victim must prove the losses they suffered and leave it to the court to decide on compensation. The victim may also need additional legal fees for a lawyer to handle their civil case.

Entering a civil compromise is an easy way to recover compensation for their loss and have your accountability for the crime benefit them. In addition to recovering for their damages, a victim is saved from frequent trips to the court for a trial, which could take up more time.

The Court

Most crimes that qualify for civil compromise are less serious misdemeanors. If a victim decides to pursue the criminal case, the court will need to arrange for a trial and other proceedings needed throughout the case. The resources and time needed to pursue these minor cases are saved when the case ends in a civil compromise. The court can then take the time to handle charges for more serious crimes.

Offenses that Do Not Qualify for Civil Compromise

The basic eligibility criteria for criminal cases that could end in civil compromise is that your crime must be a misdemeanor. However, not all misdemeanor cases have this outcome. California Penal Code 1377 prohibits the resolution of the following crimes with a civil compromise:

Crimes Against a Police Officer

Under California law, law enforcement officers are a protected group. Therefore, crimes against these individuals are considered serious, and prosecutors seek to pursue them to the fullest extent. Common misdemeanor offenses against police officers include:

  • Assault of a police officer. Assault is an attempt to use violence or force against another person.
  • The battery of peace officers. You commit the crime of battery against a police officer when you touch the officer offensively.

While these offenses attract misdemeanor charges, you will be charged and convicted. Additionally, the alleged victim can sue you for the damages caused.

Crime with an Intent to Commit a Felony

Most crimes that end in civil compromise are minor misdemeanors. However, if the prosecution can prove that you intended to commit a misdemeanor but ended up with a felony charge, you will be denied a chance at ending your case with a civil compromise.

Additionally, you cannot explore civil compromise if you committed a crime that qualifies as a wobbler but were charged with a misdemeanor. For example, burglary is a crime that causes substantial losses to the victim. However, the crime is a wobbler. The prosecution can file misdemeanor or felony charges, depending on the circumstances.

If you are a first-time offender with no extensive criminal history, the prosecuting attorney can file misdemeanor charges against you. Facing charges for misdemeanor burglary does not allow you to have your case end in a civil compromise.

Your Conduct Violates a Court Order

California law is strict on individuals who show contempt for the court. When you are on probation or parole, you are expected to avoid criminal acts as part of the court order. You can avoid criminal penalties through a civil compromise if you face charges for a misdemeanor like petty theft or embezzlement.

However, you are ineligible for this outcome if your arrest violates your probation or parole. Another way through which you could be disqualified from civil compromise is by committing a qualifying crime while out on bail.

You Committee a Crime Again at an Elderly Person

You commit crimes against an elder when you inflict harm or neglect them. Additionally, financial exploitation of a person over the age of sixty-five could attract serious charges for elder abuse. Often, elder abuse charges are brought against caregivers and people with whom the elder has a personal relationship.

Common instances of elder financial abuse may include failing to pay their bills as a manager of their bank accounts and using their finances for unlawful purposes. Even when you offer to pay back the elder for the losses you caused with your criminal acts, you will still face criminal charges and a possible conviction.

Your Crime is Classified as Domestic Violence

In California, domestic violence is a broad category of crimes that involve causing harm to or threatening a person with whom you have an intimate relationship. This means that a civil compromise cannot resolve any offense committed against your spouse, ex-spouse, cohabitant, or the other parent of your child.

You Committed a Crime Against a Minor

Children are a vulnerable group of individuals in society. Their inability to defend themselves makes the law strict on individuals who commit crimes against this group. Crimes against children could include child endangerment, child abuse, and child neglect. Prosecutors handling cases against children often seek the harshest penalty possible for their offense. For this reason, you cannot escape criminal prosecution through a civil compromise.

Misdemeanor Hit and Run

A civil compromise is no longer an allowed outcome of a misdemeanor hit-and-run case. You commit a hit-and-run crime when you flee an accident scene without performing your legal duty. Your case is charged as a misdemeanor if the accident does not cause injuries to another person but instead causes property damage.

Even when the property owner is willing to take compensation for pursuing a criminal charge, the prosecution can still file charges against you to obtain a conviction and punishment. The courts no longer accept civil compromise in such a case because the crime does not meet the misdemeanor criteria, resulting in criminal and civil liability.

Riotous Offenses

Under California law, riotous offenses are divided into different statutes addressing different forms of conduct that present a danger to the safety of others. Common crimes considered riotous include disturbing the peace under Penal Code 415 and inciting riots under California PC 404.6. You cannot enter into a civil compromise if you face charges under any of these statutes.

Difference between Civil Compromise and a Civil Lawsuit in California

A civil compromise is an outcome of your criminal case where the charges are dismissed after you have compensated the victim for their losses. If your criminal case ends in a civil compromise, you will not face the jail time and fines associated with a conviction for your offense.

Since the alleged victim of your misdemeanor must agree to the civil compromise, they have no right to pursue further criminal charges after the civil compromise. Additionally, the court will determine the amount the alleged victim deserves for their loss.

On the other hand, a civil lawsuit is brought by a victim independently of the criminal case. The outcome of the criminal case will not affect the civil case. Even after you have been convicted of your misdemeanor crime, the alleged victim can file a civil lawsuit. The main aim of the civil lawsuit is to recover compensation for the economic and non-economic losses you caused.

With a civil lawsuit, the victim must prove the losses they suffered from your actions, which is unnecessary with a civil compromise. If a case goes into civil compromise, the victim cannot pursue the civil lawsuit further.

Alternatives to Civil Compromise

For offenses for which you cannot enter a civil compromise, you can explore other options to have your charges dismissed. Undergoing a diversion program is one of the alternatives, and it involves serving a probationary sentence in exchange for the dismissal of your charges.

For example, you cannot enter a civil compromise for drug possession since no victim claims damages. However, a drug diversion program can help you avoid a conviction and legal penalties.

Find a Competent Criminal Lawyer Near Me

When you face an arrest and criminal charges in California, conviction and jail time come to mind. Fortunately, not all cases end with a conviction. With a civil compromise, you can compensate the alleged victim of your actions for their losses and have your charges dismissed.

The prosecution and the alleged victim must agree on the outcome for your case to end in a civil compromise. If you face misdemeanor charges for a crime that resulted in monetary losses for the victim, you will need a lawyer to review your case and the potential options. Additionally, your lawyer can help you explore the criminal defense strategies that could push the prosecution to consider a civil compromise for your case.

At The LA Criminal Defense Law Firm, we understand the significant impact a criminal conviction could have on your life. Our priority is saving you from jail time and the collateral consequences of a conviction. We will employ all the legal tactics necessary to obtain a civil compromise in your case. We serve clients seeking expert legal guidance in Los Angeles, CA. Contact us today at 310-935-1675 and let us guide you through securing the best possible outcome in your case.