What Is a Civil Compromise in Washington Criminal Cases?
Facing a criminal charge in Washington can be overwhelming, especially for individuals with no prior record or those charged with relatively minor offenses. Fortunately, Washington law provides a mechanism to resolve some of these cases outside the traditional criminal process. This option, known as a civil compromise, allows certain charges to be dismissed when the accused compensates the alleged victim and the court finds dismissal to be appropriate under RCW 10.22.010.
How Civil Compromise Works
A civil compromise is a legal process that permits the dismissal of certain misdemeanor or gross misdemeanor charges when the alleged victim confirms they have been fully compensated and do not wish to pursue prosecution. The core idea is that if the injured party has been “made whole,” the state may no longer have a compelling interest in continuing with the criminal case.
This resolution typically involves the defendant making restitution for property damage, loss, or minor injury. Once the victim acknowledges satisfaction, the defense can file a motion asking the court to dismiss the case. If the court agrees that dismissal is in the interests of justice, the charge may be dropped entirely.
Types of Cases That May Qualify
Civil compromises are generally limited to non-violent, low-level offenses where there is a single identifiable victim. Common examples include:
- Shoplifting or minor theft
- Vandalism or property damage
- Simple assault without serious injury
- Accidental damage to personal property
Each case is fact-specific, and eligibility depends not just on the type of offense, but also on the nature of the harm, the attitude of the alleged victim, and whether the court finds the compromise appropriate.
Charges That Are Not Eligible
Not all offenses qualify for civil compromise. Washington courts typically prohibit the use of this statute in cases involving domestic violence, driving under the influence, crimes against law enforcement or public officials, and any offense where the conduct poses a broader threat to public safety.
Even if the offense appears eligible and the alleged victim is willing to cooperate, the court retains full discretion to deny the request if it finds that dismissal would not serve the interests of justice.
The Process of Requesting a Civil Compromise
The civil compromise process begins when the defendant, often through their attorney, contacts the alleged victim to discuss potential resolution. If the victim agrees to accept restitution or compensation, they may sign a declaration indicating that they are satisfied with the outcome and do not wish for the case to continue.
The defense attorney then files a motion to dismiss the charges under RCW 10.22.010, including the victim’s declaration and any relevant documentation. The court will schedule a hearing or review the motion in chambers, ultimately deciding whether to grant the dismissal. If approved, the case is dismissed, and the defendant avoids a conviction.
Why Civil Compromise Matters
For eligible defendants—particularly those with no prior criminal history—a civil compromise can be an opportunity to resolve a case without the long-term consequences of a conviction. It may preserve employment opportunities, immigration status, housing eligibility, and professional licenses. It can also spare both parties the time, expense, and emotional toll of litigation.
That said, civil compromises are not automatic and require careful handling. Judges take these motions seriously, and poorly presented requests are often denied. Proper documentation, respectful communication with the alleged victim, and experienced legal advocacy are essential.
Speak With a Criminal Defense Attorney in Washington
If you have been charged with a misdemeanor in Washington—especially for theft, property damage, or a similar offense—you may qualify for dismissal under Washington’s civil compromise statute. At the Law Office of Erin Bradley McAleer, we work to identify the best possible resolution for every client, including alternatives to conviction like civil compromise, deferred prosecution, or dismissal.
To find out whether this option may be available in your case, contact our office today for a confidential consultation at (360) 334-6277.