Most crime victims obtain justice through criminal charges and convictions. While the victim can find some measure of comfort in the conviction of the offender, not all criminal cases must result in charges or sentences for the victim to receive justice.

Through restorative justice, the accuser and the defendant can reach a common ground where all parties can have a resolution that meets their needs. This resolution is known as a "civil compromise" (CC). If all parties agree to this court resolution, the alleged defendant pays the victim for harm or property loss, and the court drops the charges in return. A CC allows the court or prosecutor to dismiss the criminal charges after the defendant pays money to the accuser for the damages or losses.

Therefore, your defense attorney may use a CC to prevent charges or convictions if you are accused of shoplifting, vandalism, or petty theft. Let us discuss the resolution further to understand how to use it in your favor in the case of criminal charges.

Understanding California Civil Compromise

A CC is a resolution by the judge to dismiss a misdemeanor charge if you, the accused, agree to settle the victim for the damages of your criminal action. A CC is available for civil and criminal cases; only the judge can grant or deny it. When you face criminal charges, you can only enter a compromise if you are charged with a misdemeanor, not a felony offense. 

After you reach a settlement and compensate the victim for their losses, the victim must appear in court where the criminal charges were brought up and declare they have been fully compensated for their losses due to your crime. The idea behind the requirement is that in most criminal cases, the public’s interest is served if the victims obtain immediate and total restitution instead of lengthy court hearings and trials. However, the victim is not required to show up in court if there is evidence of payment or an agreement.

Furthermore, during the hearing, the victim must state that they are not interested in pursuing prosecution for the misdemeanor crime. The court will drop the charges if the victim's statement is satisfactory. Therefore, you must immediately contact your attorney to negotiate a CC and prevent drawn-out, protracted hearings and trials if you are charged with a misdemeanor.

Note that the prosecutor must not permit the court to grant a CC. Again, just because you have offered to financially compensate your victim has no bearing on whether the district attorney (DA) will pursue charges. The DA can still attempt to pursue charges against you.

When looking for a lawyer to represent you in the misdemeanor count, find one familiar with the court where the hearing occurs. Hire a legal representative with an excellent relationship with the judge handling your case to enhance your chances of being granted the CC.

Also, it is worth understanding that even if you meet the requirement for a CC, you cannot approach the victim directly as a defendant to convince them to accept repayment in exchange for charge dismissal. Contacting your victim in person could result in additional charges like witness intimidation, contempt of court, or a breach of criminal protective orders.

You are likely to have the notion that your victim does not wish to go through the drawn-out prosecution process and instead wants to settle the matter quickly and efficiently. Under the circumstances, you should send your lawyer to contact the said victim and inquire if they agree with the compromise. If the answer is "yes," the lawyer can draft a contract to repay damages caused by your conduct. Even after the victim signs the agreement, you cannot make the payment directly. Instead, it would help if you compensated the victim through your lawyer, attorney’s agent, or a third party.

Besides, the reimbursement for damages does not necessarily need to be in monetary form. Again, the compensation does not need to go directly to the alleged victim. They can have the damages paid to the homeless, domestic violence (DV), or animal shelter. The essential element is that the alleged victim states to the court, verbally or in writing, that they are satisfied or reimbursed.

Benefits of a CC

A civil compromise has the benefit of paying the victim for their losses more quickly than a legal settlement would. Again, the victim can save time and money by not having to travel to court to testify during the proceedings or trial.

Similarly, a CC will help you, the defendant, by preventing sentencing and a criminal record that will follow you forever.

The other beneficiary of the resolution is the court. A CC allows for a quicker and more efficient way of resolving criminal cases without going to trial. Without a CC, the criminal case will take months or years to go through all the hearings and the trial, delaying justice for the victim. 

Qualifying Misdemeanors

Several misdemeanor offenses can be resolved through compromise. These include:

  1. PEN 459.5 Shoplifting

California PEN 459.5 outlines shoplifting as entering a commercial building during operational hours with the plan to steal property valued at no more than $950. The crime is a misdemeanor punishable by no more than half a year in jail or a court-imposed monetary fine not exceeding $1,000. Alternatively, the judge can sentence you to misdemeanor probation instead of county jail incarceration.

If you have been arrested or face charges for shoplifting, you need to act fast to avoid the consequences of a conviction. Call your attorney and tell them about the arrest and the business you are charged with robbing. The attorney will then speak with the retailer and make an offer to compensate them for lost or damaged goods as well as costs related to loss mitigation. In exchange, the merchant will appear in court and state that they do not seek prosecution because all the losses have been compensated. 

  1. PEN 594 Vandalism

You could be charged with vandalism when you maliciously carry out the following actions on another person's personal or real property.

  • Damage
  • Deface with inscribed materials or graffiti
  • Destroy

When you hear of vandalism, you think of neighborhood children defacing property walls with graffiti or destroying mailboxes. Nevertheless, you can face charges for writing your name on wet cement on a neighbor’s fence. California takes the offense seriously, and you risk misdemeanor or felony penalties upon conviction. The penalties for the crime depend on the value of the damaged property.

If the cost of replacing or repairing the defaced or damaged property is less than $400, the prosecutor will charge the offense as a misdemeanor. The penalties for a misdemeanor sentence include the following:

  • No more than twelve months incarceration in county jail
  • Court-imposed financial fines of at most $1,000 for a first-time offender and $5,000 for a repeat offender
  • Informal probation

Fighting a misdemeanor vandalism charge is not easy. However, with the help of a profound lawyer, you can act early before the trial begins and offer to compensate the owner of the vandalized property for the losses incurred in repairing or replacing the property. When you do this, the victim can, in exchange, inform the court in writing or in person that they have obtained satisfaction for the vandalism. The court will, in turn, instruct the prosecutor to stay the prosecution of the case.

It would be helpful to know that you cannot use civil compromise as a defense if you are accused of felony vandalism. Only those charged with vandalizing property worth $400 or less can use this defense to avoid conviction.

  1. PEN 484 Petty Theft

Taking someone else's property without their consent and holding it as your own is a crime under PEN 484a. The property taken must be valued at less than $950. When convicted of the offense, you will face at most six months in jail, misdemeanor probation, victim restitution, and a court fine of no more than $1,000.

You can defend yourself using civil compromise if you have been charged with petty theft. For instance, when you steal your neighbor’s radio worth $540 and are charged with a PC 484 violation, the court can instruct the prosecutor to dismiss the charges if you repay the neighbor the value of the radio.

Other misdemeanor offenses eligible for CC include embezzlement, battery, and assault. A misdemeanor offense must cause both civil and criminal liability for you to enter into a compromise. A case in point is when you punch another person. Under the circumstances, you have committed a battery offense and a battery tort. If the punch prevents the victim from working or engaging in income-generating activities, they can file a tort claim in a civil court and ask for compensation for medical costs, pain, and lost wages. This is in addition to filing criminal charges. Your case can be compromised because punching the victim resulted in civil and criminal liability.

In contrast, if you operate a car under the influence and hit someone’s mailbox, you will face DUI charges. However, before trial, your attorney tries to talk to the person whose mailbox you damaged to convince them to accept compensation for the damage in exchange for not pursuing the case. Even if you replace the mailbox, your DUI charge will not be compromised because drunk driving is different from destroying a mailbox. The mailbox damage is incidental to drunk driving and, therefore, a separate act. A drinking and driving charge does not require the prosecutor to prove property damage. Instead, they need to prove that you were operating a vehicle while intoxicated or with a blood alcohol content of at least.08%.  

A CC Dismissal

When you meet the criteria for a compromise and the judge and prosecutor agree, your criminal charges will be dismissed. This is an excellent option, primarily when you face collateral consequences like:

  • Immigration consequences
  • Loss of professional license
  • Military service repercussions
  • Firearm possession or ownership consequences

It is important to remember that, in addition to criminal penalties, a conviction for a misdemeanor offense that qualifies for a CC can have non-criminal repercussions. Even if you obtain a charge dismissal through a compromise, you will still face collateral implications. However, even if these consequences still exist, they will be significantly reduced.

Consider a scenario in which you are a military member and are accused of a misdemeanor that is ultimately thrown out thanks to a civil compromise. Under the circumstances, you could still face military disciplinary action for the behavior leading to the charges. Nevertheless, the fact that the prosecutor did not pursue prosecution for the offense means the collateral repercussions will be significantly reduced. 

Additionally, you must understand that a CC could be an implicit or inferred confession of the alleged criminal behavior. The inferred confession could be used against you in an immigration case or military career disciplinary process. So, even though a compromise is an excellent way to reduce collateral repercussions and avoid prosecution, it is not always the best answer to your problem. Therefore, before agreeing to a compromise, you should sit down with your criminal attorney and evaluate all the available options based on the specifics of your case.

Also, there is the issue of double jeopardy. When you enter a compromise, the court dismisses the charges, and the prosecutor is not likely to continue with the case. However, this does not prevent another sovereign from punishing your criminal conduct.

Misdemeanor Offenses Ineligible for a CC

Not all misdemeanor cases can be compromised. PEN 1377 sets forth requirements you must meet to compromise your case when a victim has a civil remedy.

However, people still consider a CC "buying your way out of the justice system." There is some truth to this observation, which can make the criminal justice system appear corrupt. To preserve the court’s integrity and legitimacy, not all misdemeanor offenses are eligible for a compromise. The offenses include:

  • Crimes allegedly committed against a justice officer executing or performing their official duties. A justice officer under PC 1377(a) includes a peace officer, DA, attorney general, or judge.
  • Crimes committed riotously under PEN 1377(b). Riotously means violent peace disturbance through injuring others, rioting, vandalism, and looting.
  • Offenses executed with the motive of committing a felony. A CC is only allowed in misdemeanor or infraction offenses. PEN 1377(c) states that felony offenses are ineligible for a compromise unless the prosecutor prefers misdemeanor charges in a wobbler case. Also, when you are charged with a felony, but your lawyer convinces the DA or judge to lower the count to a misdemeanor, you will be eligible for a compromise. For instance, when you are charged with felony vandalism, your case cannot be compromised. Nonetheless, if the DA is willing to reduce the charge to a misdemeanor, a civil compromise will be available only if you meet the set criteria. If the felony charge you face has no alternative for a misdemeanor charge or the offense is not a wobbler, your case will not be compromised.
  • The alleged offense violates a domestic violence stay away or protective order. Under PEN 1377(d), you are not eligible for a CC in any PEN 273.6 violation.
  • Criminal conduct committed in a domestic violence matter, including corporal injury on a spouse and domestic battery.
  • Crimes committed against older adults. PEN 1377(f) defines elders as senior citizens 65 or older and lists elder abuse and elder theft as some of the common offenses committed against senior citizens.
  • Crimes committed on or against a minor, like statutory rape, child molestation, or contributing to a child’s delinquency. PEN 1377(g) bars you from a CC when you commit any of these offenses.

A California VC 20002 hit-and-run without injury is a misdemeanor offense with a civil remedy and meets all the conditions of a CC. Nevertheless, the offense is not eligible for a compromise after the 2019 ruling by the appellate court.

Defense Strategies for Entering a Compromise

Having an attorney when you want to secure a compromise is crucial. An experienced legal expert understands the strategies they can apply to enter a CC.

Once you learn of an impending arrest or are apprehended for a misdemeanor, you should contact your Los Angeles Criminal Lawyer immediately. The attorney will quickly reach the alleged victim and raise the issue of compromise.

Discussing compensation early, before the police begin investigations, means the victim will be less willing to cooperate with the investigators, giving you an advantage in the case.

If the alleged charge is shoplifting, your lawyer will research the merchant’s policies to understand their compromise rules, if any, and use them to your advantage.

A good lawyer will also come up with creative solutions to appease the victim without having to compensate them directly for their losses. For instance, the lawyer can send donations to a homeless shelter or charity foundation the alleged victim supports.

Find an Experienced Defense Lawyer Near Me

When charged with an offense, you should talk to a defense attorney. At Los Angeles Criminal Lawyer, we will evaluate your case and advise whether you are eligible for a civil compromise. If you qualify, our lawyer will guide you into a CC and direct you to pay a specific amount of compensation. Going into a CC without a proper understanding of the rules is a huge risk because you could violate the law and face additional charges. For a favorable outcome in your case, contact us today at 310-502-1314 for a no-obligation consultation.