What is Restitution in California?

If you’re facing criminal charges in Orange County or anywhere else in California, you’re likely aware of the fact that you could be facing criminal fines, jail or prison time, community service and the possibility of probation or parole. But what about restitution, will you have to pay it?

What is restitution? It’s money a criminal or defendant pays to a victim of their crime. In California, it’s common for defendants to be ordered to pay restitution when their crimes cause victims to suffer a financial loss. The purpose of restitution is to make a victim whole again and to deter criminals from benefiting from their crimes.

Here are some examples:

  • Paying for items stolen during a burglary.
  • Returning jewelry stolen during a burglary.
  • Covering a victim’s medical costs after an assault.
  • Paying the funeral costs of someone killed in a drunk driving accident.
  • Paying for damage done to a commercial or residential property.

The California Constitution says the following about restitution: “It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to restitution from the persons convicted of the crimes for losses they suffer.”

The California Constitution goes on to say that restitution will be ordered from the convicted individuals in every case, regardless of the sentence that was imposed where a victim suffered a loss. Under Penal Code Section 1202.4(a)(1) it states that “a victim of crime who incurs any economic loss as a result of the commission of a crime shall receive restitution directly from any defendant convicted of that crime.”

To learn more about restitution in California, click here.

Are you facing criminal charges in Orange County? If so, contact the Law Offices of Virginia L. Landry, Inc. to find out if a conviction would lead to restitution on top of other applicable penalties. Call today to schedule your free consultation!

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