Misdemeanor Compromise in Tempe, Arizona: Turning Criminal Charges into Civil Settlements

Arizona’s misdemeanor-compromise statute (in place since 1901) is a unique safety valve that can convert certain low-level criminal charges into civil restitution and a case dismissal. The mechanism preserves scarce court resources, compensates the alleged victim, and—most importantly—protects the accused from a permanent criminal record.

How Does a Misdemeanor Compromise Work?

1. Dual liability. The same act must create both a criminal and a civil claim against the defendant (for example, minor assault that also gives rise to a personal-injury claim).
2. Victim satisfaction. The injured party must acknowledge “full satisfaction” of the loss—usually by signing a simple form or appearing in court.
3. Court approval. After the victim advises the court, the judge may dismiss the case once court costs are paid.

“A compromise under A.R.S. § 13-3981 is an agreement among the victim, the defendant, and the court—not the prosecutor.”

When Is a Compromise Not Allowed?

• Offenses against peace officers performing official duties
• Crimes committed riotously or with intent to commit a felony
• Traffic “hit-and-run” and DUI (the underlying criminal act is driving under the influence, not the property damage)

Common Charges Eligible in Tempe Municipal Court

• Simple assault (non-domestic)
• Criminal damage under $1,000
• Theft/shoplifting of low-value items
• Criminal trespass (non-residential)
• Issuing a bad check
• Contracting without a license

Step-by-Step Guide

1. Notify the prosecutor of your intent to seek compromise (Arizona victim-rights laws prohibit direct contact with the alleged victim without consent).
2. Obtain victim consent. If the victim wishes to settle, negotiate repayment, property repair, apology letters, or other remedial measures.
3. File the paperwork. The victim signs the “Acknowledgment of Satisfaction.” Your attorney files a motion asking the court to approve the compromise and dismiss.
4. Pay court costs. Once costs are cleared, the judge issues an order of dismissal “with prejudice,” meaning the charge cannot be re-filed.

Does the Prosecutor’s Objection Matter?

Only in three narrow categories:

1. Assault
2. Threatening or intimidating
3. Any domestic-violence flagged misdemeanor

In those cases the judge must also hear the State’s position, but the ultimate decision still rests with the court.

Why Move Quickly?

Early intervention lets your lawyer negotiate before the State invests resources in prosecution. Once a case is deep into the trial track, some judges become reluctant to approve compromise.