New York Criminal Settlement Negotiation

Under New York law, certain misdemeanors and low-level offenses fall under the category of “non-prosecutable without victim’s consent,” analogous to what civil law systems call non-punishable without complaint. In these cases, the prosecution cannot proceed if the victim explicitly refuses to press charges. Examples include simple assault, harassment, or certain defamation charges.

Thus, a signed settlement agreement, especially when accompanied by a letter of non-prosecution from the complainant, can effectively prevent the state from initiating a criminal case.

Even when the offense is prosecutable without the victim’s cooperation (as in felonies), settlement plays a crucial role during plea negotiations or sentencing. Courts often consider "victim restitution" and "rehabilitative remorse" as mitigating factors.

Prosecutors may offer plea reductions or recommend non-incarceration if full compensation has been made and the victim agrees not to oppose leniency.

If the complainant is represented by counsel, all communications must go through their attorney. Attempting to contact the victim directly may be viewed as harassment or witness tampering, which constitutes a serious felony under New York Penal Law §215.10. Defense attorneys typically coordinate with the victim's legal counsel to propose settlement terms, negotiate payment schedules, and draft the final agreement.

If the victim’s contact information is unavailable or the case involves multiple victims, coordination must be handled through official channels:

• During Police Investigation: The investigating officer may relay a settlement offer if permitted.
• At the Prosecutor’s Level: The District Attorney may facilitate contact, or parties may utilize New York's criminal mediation or restorative justice programs.
• In Court: Victim Impact Panels or pre-sentencing investigators may initiate contact on behalf of the defendant, particularly before sentencing decisions.

A table summarizing access channels at different stages:

If a victim categorically rejects any settlement proposal, the defendant is not without recourse. New York allows symbolic restitution or trust deposits through court-supervised accounts. These may not halt prosecution but demonstrate the defendant’s intent to remedy the harm, which can be considered during sentencing.

While not identical to criminal deposit system, similar structures such as "conditional restitution offers" or "pre-sentence trust accounts" are accepted in many New York courts. Defense counsel may file a motion noting the victim’s refusal but requesting acknowledgment of the defendant’s proactive steps toward reparation.

Oral agreements are insufficient. New York courts will only recognize settlements if they are clearly documented with the following elements:

Identifiable parties

• Specific date and terms
• Acknowledgment of full or partial restitution
• Explicit waiver of further civil or criminal action (when applicable)
• Signature of both parties, ideally notarized

Without such written evidence, a victim may later reverse the agreement and claim the defendant coerced or misled them—potentially triggering new charges.

If a victim attempts to reverse their position after receiving a settlement, courts evaluate the credibility of both sides and the integrity of the documentation. A victim who signs a non-prosecution affidavit and accepts funds but later seeks re-engagement may face civil restitution claims.

Defendants should preserve:

• A signed copy of the settlement
• Proof of funds transfer
• A copy of any waiver or non-prosecution statement

This documentation can be submitted during motion practice to dismiss retaliatory or revived charges or as evidence in sentencing arguments.