Restitution can be a significant consequence of a California criminal conviction.
When many people consider the potential penalties associated with being convicted of a crime in California, they likely think about going to jail, being put on probation, having to perform community service or even paying fines. One consequence that many people do not consider is paying restitution. This is a common part of many sentences in California criminal cases, yet is often overlooked by defendants.
As a Rancho Cucamonga criminal defense lawyer can explain, restitution is the money that a defendant is required to pay to the victim of his or her crime to compensate the victim for whatever harm he or she has suffered. These damages may include property damage, medical bills, or other types of losses. Restitution goes directly to the victim, with the goal of helping to make the victim “whole” again. It also serves a second goal: reducing the possibility that the victim will file a lawsuit against the defendant for the harm that he or she has suffered. In many cases, if a victim has been harmed by a defendant, that victim may be entitled to file a civil lawsuit against a defendant. For example, if a defendant physically assaulted a victim, causing the victim to suffer a broken arm, the defendant would likely be criminally charged with assault and battery. The victim would also be able to file a civil lawsuit against the defendant for the damages that he suffered, such as the medical bills for the broken arm and the wages that he lost by being out of work. Restitution avoids the time and expense of this second lawsuit by ordering the defendant to pay the victim directly — which reduces the strain on the court system and streamlines the process for the victim.
Many defendants are justifiably concerned about exactly how much restitution they may be required to pay if they are convicted of a crime. While each case is different, as a general rule, the court will typically determine a restitution amount by determining the financial harm a victim has faced. This could include medical expenses, property damages, other expenses incurred by the victim as a result of the crime, losses that a business suffered as a result of the crime, expenses incurred by emergency responders, and the value of any items stolen (which may be satisfied by returning the stolen item). For some crimes, the California penal code specifies what should be included as restitution. An experienced Rancho Cucamonga criminal defense lawyer can help you determine what type of restitution you may be facing if you have been charged with a crime in California.
The possibility of being required to pay restitution is just one reason why it is so important to have an aggressive Rancho Cucamonga criminal defense lawyer to represent you. California crimes carry heavy penalties, including jail time and fines. When combined with restitution, it only makes sense to hire the highest quality, most experienced attorney possible to represent your interests.
The Chambers Law Firm offers skilled advocacy to clients charged with crimes in Southern California. Attorney Dan E. Chambers is an experienced Rancho Cucamonga criminal defense lawyer, and will work hard to fight for your rights. Contact our firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation or to learn more.
