The Law of Civil Compromise in California Criminal Cases

California's civil compromise law, codified in Penal Code Section 1377, permits a judge to dismiss misdemeanor charges once a defendant reimburses the victim for the losses they suffered from the crime. This unique legal mechanism represents an alternative resolution pathway that balances the interests of justice, victim compensation, and judicial efficiency. A civil compromise is an agreement by which the defendant in a criminal case agrees to pay the victim for the damages incurred by the victim in exchange for dismissal of the criminal charges.

The civil compromise procedure is governed by two primary statutes: Penal Code Sections 1377 and 1378. Section 1377 establishes that 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 under specific circumstances. The process requires the injured party to appear before the court and acknowledge receipt of satisfaction for their injury, after which the court may stay all proceedings and discharge the defendant from prosecution upon payment of court costs.

Assembly Bill 2456, which addressed criminal law civil compromise provisions, was considered during the 2023-2024 legislative session. While comprehensive details of enacted 2025 changes require further investigation, the bill proposed amendments to both Sections 1377 and 1378 of the Penal Code, indicating ongoing legislative attention to refining the civil compromise process. The existing framework continues to allow civil compromise for misdemeanor offenses that have remedies through civil action, provided the injured party acknowledges receiving satisfaction for their injuries.

Civil compromise is most commonly available in misdemeanor cases involving property crimes, financial damages, or other offenses where the victim has suffered quantifiable harm. When the case is not connected with violence and includes property damage and the victim is cooperative, the defense can make a motion to dismiss the case after showing proof of fully paid restitution. Typical examples include:

Theft and Shoplifting Cases: Defendants charged with petty theft or shoplifting can often pursue civil compromise by reimbursing the merchant for stolen merchandise and any associated costs, such as security expenses or administrative fees.

Check Fraud and Bounced Check Cases: Individuals charged with writing bad checks may resolve their cases through civil compromise by paying the full amount of the check, bank fees, and any additional damages suffered by the recipient.

Property Damage Cases: Vandalism or destruction of property charges may be resolved when defendants pay for repairs or replacement of damaged items, along with any related expenses incurred by the property owner.

Simple Battery Without Injury: Minor battery cases where no significant physical injury occurred may sometimes be eligible for civil compromise if medical expenses, lost wages, or other damages can be quantified and compensated.

Trespassing Cases: When trespassing results in property damage or other quantifiable harm, civil compromise may be available upon payment of damages and any security or cleanup costs.

California law prohibits civil compromise in certain cases, including crimes committed riotously, with the intent to commit a felony, or in cases involving specific types of offenses. Felony charges are inappropriate for civil compromise since severe crimes harm and endanger the broader community beyond just the individual victim.

Domestic Violence Cases: Civil compromise is generally unavailable in domestic violence situations due to public policy concerns about protecting victims who may be subject to coercion or ongoing abuse. The state maintains an independent interest in prosecuting these cases regardless of the victim's wishes.

Sexual Offenses: Any charges involving sexual misconduct, assault, or related crimes cannot be resolved through civil compromise, as these offenses implicate broader public safety concerns beyond individual victim compensation.

Crimes Against Public Order: Offenses such as DUI, reckless driving, or public intoxication cannot be compromised because they endanger public safety and the state maintains an independent prosecutorial interest.

Crimes Committed Riotously: Offenses committed during riots or public disturbances are excluded from civil compromise eligibility because they threaten public order and safety.

Crimes with Intent to Commit Felonies: Misdemeanors committed with the intent to commit more serious felony offenses cannot be compromised due to the underlying serious criminal intent.

Repeat Offenses: Cases involving defendants with extensive criminal histories or those who have previously used civil compromise may be deemed ineligible at the court's discretion.

The civil compromise process requires several key elements to be successful. First, the injured party must voluntarily appear before the court and acknowledge receiving satisfaction for their injury. This appearance cannot be coerced, and the court will typically inquire to ensure the victim's consent is freely given. Second, the defendant must provide full compensation for all damages, which may include direct losses, consequential damages, and court costs. Third, the prosecution may object to the civil compromise if they believe it is not in the interests of justice, particularly in cases involving public safety concerns or repeat offenders.

Even when a case appears eligible for civil compromise and all procedural requirements are met, the court retains discretion to approve or deny the compromise. Judges consider factors such as the defendant's criminal history, the nature and circumstances of the offense, the adequacy of compensation provided to the victim, and broader public safety implications. Courts may also consider whether the defendant has accepted responsibility for their actions and whether the compromise serves the interests of justice.

California's civil compromise law provides a valuable alternative resolution mechanism for appropriate misdemeanor cases, allowing victims to receive immediate compensation while enabling defendants to avoid the long-term consequences of criminal conviction. However, the law carefully balances individual victim compensation against broader public safety and policy concerns by restricting its availability in cases involving violence, public safety, or other serious considerations. If you or someone you know needs help with a criminal matter and would like to discuss this aspect of case resolution, call Orange County, Irvine, Newport Beach, Santa Ana, Tustin, Fullerton, Garden Grove, Westminster attorney William Weinberg at 949.474.8008 for a consultation.