Penal Code 1377 allows certain misdemeanors with an identifiable victim to be dismissed when the victim has been made whole and tells the court they are satisfied.
It is one of the cleanest ways out of a property or minor-injury case — a true dismissal.
What Civil Compromise Is
Where a misdemeanor also gives the victim a right to sue civilly, Penal Code 1377 lets the two sides compromise: the defendant makes the victim whole, the victim acknowledges satisfaction to the court, and the court can dismiss the criminal case. It is discretionary with the judge — and the prosecutor does not have to agree.
When It Applies
It fits cases with a concrete, compensable victim — for example shoplifting and petty theft, receiving stolen property, and many vandalism cases. It is not available for certain categories, including domestic violence, offenses committed against a peace officer or with the intent to commit a felony, and hit and run under VC 20002 — in People v. Dimacali (2019) 32 Cal.App.5th 822, the court held the offense is the flight, not the property damage, so the victim is not injured by the criminal act.
How It Works
The steps are practical: restitution or repair that makes the victim whole, a written or in-court acknowledgment of satisfaction, and a motion to dismiss under PC 1377/1378. Where it does not fit, judicial diversion (PC 1001.95) is frequently the next-best path to a dismissal.
Frequently Asked Questions
What is civil compromise under PC 1377?
It is a procedure that lets certain misdemeanors with an identifiable victim be dismissed when the defendant makes the victim whole and the victim tells the court they are satisfied. The judge has discretion to grant it, and the prosecutor does not have to agree.
Which cases qualify for civil compromise?
Cases with a concrete, compensable victim — such as shoplifting and petty theft, receiving stolen property, and many vandalism cases. It is not available for domestic violence, offenses committed against a peace officer or with intent to commit a felony, or hit and run under VC 20002 — in People v. Dimacali (2019) 32 Cal.App.5th 822, the court held the offense is the flight, not the property damage, so the victim is not injured by the criminal act.
Does the prosecutor have to agree to a civil compromise?
No. Civil compromise under PC 1377 is decided by the judge, not the prosecutor. If the victim is made whole and acknowledges satisfaction to the court, the court can dismiss the case even over the prosecutor's objection.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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If your case has a victim who can be made whole, civil compromise may end it. Tell me what happened and I'll tell you if it fits.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com