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CIVIL COMPROMISE

A person facing a crime which can be treated as a misdemeanor (either a misdemeanor or most Class C Felonies) and the crime gives the victim the power to sue for recovery in civil court, then the matter can be compromised (a deal made between the defendant and the victim) and the defendant may ask the court to dismiss the criminal charges. The best example of this is a theft case and the victim agrees to a monetary settlement.

There are, however, exceptions to this rule. (1) a crime committed against a police officer cannot be compromised; (2) a crime committed riotously cannot be compromised; (3) when the crime was intended to be committed only as a felony; (4) when the crime involved “domestic violence”, such as Assault in the Fourth Degree; Assault in the Third Degree; Menacing; Recklessly Endangering Another Person; Harassment; and/or Strangulation, then these crimes cannot be compromised either.

Another caveat is that the defendant must pay for the costs of the prosecution, including any court-appointed costs which also include costs incurred for investigation, psychological evaluation, etc.

If you think you may have been charged with a crime that might be compromised, consult with a knowledgeable and experienced criminal defense lawyer from The CAPETTI GROUP Law Offices today. Do not make decisions without getting good, solid advice first.