For most victims of criminal actions, justice is served when the defendant faces an arrest and conviction. Although conviction and punishment could give you peace and solace, not all criminal issues will result in convictions. Sometimes, there is a middle ground where the victim can be compensated for their losses, and the case is dismissed in a civil compromise.
A case that ends in a civil compromise can benefit both the defendant and the victim. The victim can recover for their loss while the defendant avoids criminal consequences. However, not all cases can end in a compromise. Your case may be eligible for civil compromise if you face misdemeanor charges, and your crime could end in a civil suit. If you wish to end your criminal case by compensating the victims, you will need a skilled attorney to guide you through the process.
An Overview of Civil Compromise in California
Civil compromise involves an agreement between a judge, a decedent, and a victim of criminal acts. The judge, in this case, agrees to dismiss your criminal charges if you pay the victims caused by your criminal actions. The judge will agree to a civil compromise if your crime is a misdemeanor and it attracts civil and criminal liability.
For example, a crime like burglary attracts an arrest and criminal charges. Whether or not you face a conviction, the victim has a basis for a civil suit where they will recover compensation for the damages done during the commission of the burglary.
California Penal Code 1378 addresses the civil compromise. The statute allows a judge to determine whether your case is eligible for dismissal upon victim restitution. However, you will require guidance from an experienced attorney to obtain this outcome.
Crimes Resolved in Civil Compromise
In California, the court can enter a civil compromise for the following criminal offenses:
Petty Theft
You commit a crime of petty theft when you take another person’s property without their consent. The property value, in this case, should be $950 or less. Additionally, the property should not be a firearm, vehicle, or livestock. A key element in petty theft is depriving the property owner of its use. This is important because it eliminates the loophole for returning the property. Although returning property cannot be used as a defense for your crimes, you can compensate the victim of the loss through a civil compromise.
Simple Assault
California Penal Code 240 makes it a crime to touch another person offensively. Evidence of injury is not necessary to charge and convict you of assault. Most of these cases are based on witness and victim testimony, making it difficult for the prosecution to prove your guilt in court. Since a serious injury is not necessary to find you guilty in this case, you can compensate the victim for your actions and have the case dismissed.
Battery
You commit the crime of battery when you act in a manner that would cause the application of force on another individual. The bail difference between assault and battery is that assault does not require physical contact with another person. However, the prosecutor can bring both charges to your case. You must understand that not all battery forms apply to the legal compromise. If the victim of your actions is a protected person or a domestic partner, your case is not eligible for civil compromise.
Burglary
California Penal Code 459 defines burglary as entering a commercial or residential property belonging to another person intending to commit a crime. Burglary charges could arise even when you did not enter the property forcefully. First-degree burglary, which involves entry to an inhabited or residential building, is a felony. Therefore, you cannot enter a civil compromise.
However, with commercial burglary, a victim can accept compensation for their loss in exchange for abandoning the criminal case.
Embezzlement
Under California Penal Code 503, embezzlement is the fraudulent appropriation of property by an individual to whom it is trusted. You violate this statute when a person entrusts their money or property to you, and you use it for personal gain. In this case, the person who trusted you becomes a victim since you deprive them of the temporary or permanent use of the property.
Since the only loss caused to the victim is financial, most victims are quick to accept compensation instead of pursuing a criminal conviction.
Vandalism
You commit a crime of vandalism when you maliciously damage or destroy another person’s property. You can face an arrest and charges for violating Penal Code 594 for destroying property with the knowledge that it belongs to another person. Vandalism can be a misdemeanor or a wobbler depending on the value of the loss that the victim suffered.
Since civil compromise is only available for misdemeanors, you can enter the agreement that your vandalism acts cause the victim a loss of $400 or less. In this case, you will pay for the damages and avoid a criminal conviction.
Cases that are Ineligible for Civil Compromise
Due to the damage that most felony offenses cause, you cannot enter a civil compromise for a felony criminal charge. Although most offenses for which you can enter a compromise are misdemeanors, California Penal Code 1377 prohibits civil compromise for the following types of misdemeanors:
- Crimes committed against a police officer as they perform their duties
- Offenses committed riotously
- Offenses committed with an intention to commit a felony
- Crimes involving domestic violence or violation of a protective order
- Crimes against children or elders. Minors and elders are vulnerable groups of individuals. Their inability to comprehend the wrongs done against them or protect themselves causes the law to be stringent on defendants facing child or elder abuse charges. Even in minor cases, criminal charges against these groups will not end in civil compromise.
If you face an arrest and conviction for the following offenses, you cannot resolve the case in civil compromise:
- Battery of a police officer. California Penal Code 243(c)(2) makes it a crime to touch a peace officer offensively. The offense can attract misdemeanor or felony charges depending on the nature of the contact with the officer.
- Domestic battery. Domestic battery involves unlawful force or violence against an intimate partner. Although domestic battery is a misdemeanor, you cannot resolve the case in a civil compromise. Therefore, you must face criminal charges and a conviction.
- Violating a protective order. After a conviction for domestic violence cases, the judge will issue a protective order against the defendant. Violation of the protective order can result in an arrest and criminal charges.
- Child neglect. You commit a crime of child neglect when you willfully or without an excuse fail to provide the necessities for your minor child. A parent or legal guardian is responsible for providing the child with food, shelter, and clothing. Failure to do this could result in emotional and physical suffering for the child.
- Elder financial abuse. Under California law, it is unlawful to defraud someone over eighteen of their money or property. Some acts that constitute senior fraud include failure to pay an elder's bills and making unauthorized withdrawals from their accounts. When the loss suffered by the elder is less than $950, you will be charged with senior misdemeanor fraud. Although other forms of fraud can be resolved with a civil compromise, a crime against an elder must end in a criminal trial.
Seeking Legal Compromise
Before the court allows you to enter a civil compromise, the victim of your crimes must accept to receive compensation. Your attorney can pursue the CC by sending an investigator to contact the victim and determine their loss level from your actions. The investigator will also ask whether the victim is willing to settle for the compromise and the amount they are willing to accept.
If the victim agrees to civil compromise, your attorney makes arrangements to ensure that they recover their rightful compensation. In addition to accepting the compensation, a victim must agree not to pursue the case legally. The court expects a victim to write to the court and inform them that they received the payment and are satisfied with the compensation that you offered.
Seeking civil compromise is not as easy as it sounds. Therefore, you must contact a skilled criminal attorney to guide you. You should never attempt to contact a victim without legal counsel. This is because the court could view your actions as an attempt to bribe or coerce the victim into entering an agreement that benefits you. A skilled criminal attorney understands how to approach the victim and negotiate.
One of the common ways to seek a civil compromise is by researching policies and laws that could convince the victim that you will not face a conviction for the actions. For example, if you face commercial burglary or shoplifting charges, your attorney could bring out store policies to provide room for compromise.
Not all individuals facing criminal charges face a conviction. If you win the case, the alleged victim will end up with nothing. Additionally, they will have spent a lot on legal defense. Therefore, it is easy to convince them to enter the compromise.
Advantages of Civil Compromise
Civil compromise may be beneficial for all involved parties. Therefore, if you face an arrest and criminal charges, your attorney can help you negotiate a civil compromise to avoid the legal consequences of your crimes. The following are benefits of civil compromise:
Victims of the Crime
When a victim agrees to enter the civil compromise, they can recover for the losses they suffered from the crime. Compensation is not always guaranteed when a defendant faces criminal charges and a conviction. Additionally, the victim avoids regular visits to the court to testify about the crime. When the case is dismissed after a civil compromise, the victim returns to normal life without pursuing complicated legal processes.
Defendant
The stakes are high when you face criminal charges. You will face a one-year jail sentence, fines, and probation for most misdemeanor convictions in California. Even for a misdemeanor charge, a conviction could result in incarceration. For most misdemeanor convictions, you will face a one-year jail sentence, fines, and probation for most misdemeanor convictions. Spending time in jail can be very traumatizing. Additionally, you could lose your job and miss out on time with your family.
Even when you escape jail time through probation, you will be tied to the legal system through probation, which lasts three to five years. While on probation, you must follow strict rules or risk serving a jail sentence. Failure to do third would result in other serious consequences like returning to jail.
In addition to the legal consequences of a conviction, you will have a criminal record. In California, criminal records are public. Therefore, an employer who carries out a background check on you will find it and can use it to discriminate against you. When you enter a legal compromise, you can pay the victim for their damages and move on with your life.
The financial loss you incur from compensating the victim, especially when the loss was not substantial, may not be worth spending time in jail. Besides avoiding the legal consequences, you will avoid the permanent criminal record left behind by your conviction.
Court
Arrests occur every day in California. Therefore, the courts are crowded with criminal cases. A civil compromise is an easy and efficient way to handle low-level criminal cases, which don’t require long criminal processes. Criminal cases take a long time to resolve, and justice is delayed unless the involved enter a civil compromise.
Frequently Asked Questions on Civil Compromise in California?
Criminal convictions attract serious legal consequences in California. Charges for a simple misdemeanor like shoplifting could see you spend time in jail and pay hefty fines. Therefore, most defendants will be thrilled at the thought of ending the case with a civil compromise. However, California Penal Code 1377 does not apply to all cases. The following are frequently asked questions on a civil compromise:
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Who decides whether your case is dismissed with a civil compromise?
A defendant and the victim must agree upon a civil compromise. However, the judge decides to dismiss your case following the compromise. Sometimes, the prosecution will not let the case go and seek to pursue criminal charges. In this case, the judge does not accept a civil compromise.
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Can a victim threaten to sue me if I fail to pay them?
Unfortunately, some individuals take advantage of other people's fear of criminal convictions to blackmail them. If a victim threatens to report you to the authorities or push through with a criminal action unless you pay them, they can face an arrest and charges for extortion. Extortion is a serious offense that could attract life-changing consequences. Entering a civil compromise is a process that requires skill and legal expertise.
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How does civil compromise help my case?
Your case may be dismissed when you convince the judge to accept a civil compromise in exchange for a criminal proceeding. With a dismissed criminal case, you will not suffer the typical consequences of a conviction. If you are an immigrant, a case dismissal will protect you from losing the immigration status.
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Can my DUI case be discharged with a civil compromise?
Civil compromise applies to misdemeanors that cause criminal and civil liability. Although you can be asked to pay victim restitution as part of your punishment for drunk driving, criminal charges under California Vehicle Code 23152(a) cannot end in civil compromise. One of the reasons why the judge and prosecutor will not agree to the compromise is because the damages caused by drunk driving are secondary to the crime.
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Does Civil Compromise mean that the prosecutor will drop the charges?
Even the acceptance of a civil compromise from the judge cannot force a prosecutor to agree to the compromise. Sometimes, you can compensate the victim per their agreement and consent from the judge, and the prosecutor fails to follow through with it. Therefore, they will continue to pursue the charges and seek a conviction for your charges. When seeking legal compromise for your case, it pays to have a skilled lawyer who can convince all the parties involved.
Find a Los Angeles Criminal Defense Lawyer Near Me
If you face criminal charges for misdemeanor offenses like petty theft, shoplifting, and vandalism, the court can dismiss your charges on the condition that you pay victim restitution. Through a civil compromise, the victim can recover for their damages, and your case is not pursued further. The court will only accept to enter a civil compromise if your misdemeanor criminal charges can be resolved in a civil lawsuit.
In addition to meeting the crime qualifications, the victim, prosecutor and judge must agree to the compromise. If the victim signs a document agreeing to a civil compromise, they cannot pursue the criminal case. The laws around civil compromise are complicated. Therefore, hiring and retaining a criminal attorney is key. A skilled lawyer can use different defense strategies to obtain a civil compromise for your case.
At The Los Angeles Criminal Defense Attorney, we understand the detrimental impact a criminal conviction could have on your life. If you face charges for a crime that may qualify for civil compromise in Los Angeles, CA, you will need our legal expertise. Contact us at 310-564-2605.
