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 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.
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