Criminal Defense

Misdemeanor Compromise Attorney

Misdemeanor Compromise

When hiring our team, we use every strategy and tool available to provide you with the best defense. Often times, our clients want to do everything in their power to prevent a criminal conviction on their record. Besides carefully analyzing the facts of each case for possible defenses, we also try to find resolutions outside of the courtroom. One of these tools is known as a misdemeanor compromise.

§13-3981. Compromise of misdemeanors and petty offenses; domestic violence; effect of order of dismissal; exceptions and limitations

A. When a defendant is accused of a misdemeanor or petty offense for which the person injured by the act constituting the offense has a remedy by a civil action, the offense may be compromised as provided in this section, except:

  1. When the offense is committed by or upon any officer of justice while in the execution of the duties of his office.
  2. When the offense is committed riotously.
  3. When the offense is committed with intent to commit a felony.

B. If a defendant is accused of an act involving assault, threatening or intimidating or a misdemeanor offense of domestic violence as defined in section 13-3601, the offense shall not be compromised except on the recommendation of the prosecuting attorney.

C. If the party injured appears before the court in which the action is pending at any time before trial, and acknowledges that he has received satisfaction for the injury, the court may, on payment of the costs incurred, order the prosecution dismissed, and the defendant discharged. The reasons for the order shall be set forth and entered of record on the minutes and the order shall be a bar to another prosecution for the same offense.

D. No public offense shall be compromised or the prosecution or punishment upon a compromise dismissed or stayed except as provided by law.

Who does this apply to?

Misdemeanor Compromised is designed to preserve court resources for issues that can be resolved outside of court. This usually occurs when someone is injured by the actions of another. Examples of this can apply to allegations of criminal damage and theft. There are other crimes that can seek a compromise remedy but need the approval of the prosecutor. These include assault, threatening of an offense of domestic violence.

Unfortunately this does not apply to criminal actions against law enforcement or “any officer of justice while in the execution of the duties of his office.” It also does not apply if the offense occurred in an attempt to riot or if the individual had an intention to commit a felony offense. Furthermore, the misdemeanor compromise works because there is an alleged victim that is not society as a whole. The reason this is important is because the government is seeking the approval from the victim to dismiss such charges because they have been made “whole”. This means that they have been compensated by the injury caused and no longer seek to prosecute.

How does this work?

During negotiation, the possibility of compromise is often raised and the injured party is contacted either by the prosecuting office. This is especially the case when an injured party has raised victim rights. If the parties both see a resolution out of court, an affidavit is drafted and submitted once the injured party has been compensated for such injury. This affidavit is then submitted to the court for their consideration in the dismissal of the case. An often time there is no need for the injured party to appear because the affidavit is entered of record.

When representing our clients, we work tirelessly to place them in the best situation possible. We have the experience necessary to help our clients because we have helped secure misdemeanor compromises across the state of Arizona. If you are currently seeking a strong defense contact us for all your questions. After an in depth analysis we may determine if a Misdemeanor Compromise is right for you.

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Alcock & Associates P.C.
2 North Central Avenue, 26th Floor
Phoenix AZ 85004