In California criminal cases, courts are required to order convicted defendants to pay restitution to victims when a victim suffers financial loss as a result of the crime.
If you are convicted of a misdemeanor or felony offense in Los Angeles County or anywhere in California, restitution to the victim is typically mandatory and is usually imposed as a condition of probation.
Victim restitution is separate from criminal fines. It is designed to compensate victims directly for economic losses caused by the crime.
If you are facing charges involving theft, fraud, robbery, assault, DUI with injury, or any offense involving financial harm, you should discuss potential restitution exposure with your criminal defense attorney early in the case.
Your best chance for a favorable outcome is with an experienced California criminal defense attorney at Eisner Gorin LLP. To schedule a consultation, call (818) 781-1570 or contact us here.
What Is Victim Restitution?
Victim restitution is a payment ordered by a criminal court to reimburse a victim for economic losses resulting from a crime.
Under California law, a victim includes:
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Any person who suffered physical, financial, or emotional harm
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Immediate family members of a harmed victim
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Businesses harmed by the crime
Restitution can only be ordered if there is a conviction, whether by:
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Guilty plea
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No contest plea
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Jury verdict
What Losses Can Be Recovered?
California law allows victims to recover the full amount of reasonable economic losses, including:
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Medical expenses
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Therapy and rehabilitation costs
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Lost wages
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Future income loss
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Property repair or replacement
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Funeral expenses
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Relocation expenses
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Attorney's fees related to the crime
Pain and suffering are not awarded in criminal restitution. Those claims must be pursued in civil court.
Difference Between Victim Restitution and Restitution Fines
Victim restitution is not the same as a restitution fine.
Victim Restitution
Money is paid directly to the victim to compensate for losses.
Restitution Fine
A separate court-imposed fine paid to the California Victims Compensation Fund.
Restitution fines generally range from:
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$100 to $10,000
The California Victims Compensation Fund provides financial assistance to victims of violent crimes for:
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Medical bills
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Counseling
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Funeral costs
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Relocation
Both payments may be ordered in the same case.
How Is the Restitution Amount Determined?
At sentencing, the judge will order restitution and may set a separate restitution hearing to determine the exact amount owed.
If the total loss is not yet known, the court will continue the matter for a later hearing.
Restitution Hearing Process
At the restitution hearing:
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The victim has the burden of proving their losses
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The standard of proof is preponderance of the evidence
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Documentation such as bills, invoices, and wage records is typically presented
If documentation is incomplete, the victim may still testify regarding losses.
Once the victim presents evidence, the defendant may challenge:
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The accuracy of the amount
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Whether the expenses are related to the crime
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Whether the loss was caused by the defendant
What Is a Harvey Waiver?
A Harvey Waiver allows a court to consider dismissed charges for purposes of restitution.
The term comes from the California case People v. Harvey.
If part of a plea agreement includes dismissed counts, the defendant may agree that restitution can still be ordered for losses connected to those dismissed charges.
Without a Harvey Waiver, restitution generally cannot be ordered for dismissed counts.
What If Insurance Already Paid the Victim?
Victims may still seek restitution even if they received insurance reimbursement.
However:
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The amount already paid by insurance will be credited
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Restitution may be ordered to reimburse the insurance company
Defendants remain responsible for the full economic loss.
Paying Victim Restitution
Restitution becomes a condition of probation.
The judge may order:
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A lump-sum payment
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Monthly payment plan
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Payment through the probation department
In high-loss cases, payments may extend through the entire probation term.
What Happens If Restitution Is Not Paid?
Failure to pay restitution can result in:
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Additional court hearings
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Potential custody exposure
However, only a willful failure to pay can result in punishment.
If a defendant genuinely lacks the ability to pay, the court may:
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Conduct an ability-to-pay hearing
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Modify the payment plan
Courts cannot incarcerate someone solely for being unable to pay.
Can Restitution Be Modified?
Yes. Restitution amounts may be:
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Amended if additional losses are discovered
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Reduced if calculation errors are proven
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Modified if improper documentation was used
An experienced attorney can challenge inflated or unsupported claims.
Related California Offenses That Commonly Involve Victim Restitution
Victim restitution is most often ordered in cases where a crime results in financial, medical, or property-related loss. The following offenses frequently trigger substantial restitution orders in California criminal courts.
Penal Code 487 – Grand Theft
Grand theft cases often involve large financial losses to individuals or businesses. Courts routinely order restitution for stolen funds, damaged property, investigative costs, and related financial harm.
Penal Code 459 – Burglary
Burglary convictions typically result in restitution for stolen property, property damage, repair costs, and lost business income if a commercial property was involved.
Penal Code 211 – Robbery
Robbery cases may involve restitution for stolen items, medical bills, lost wages, therapy expenses, and property damage resulting from force or violence.
Penal Code 594 – Vandalism
Defendants convicted of vandalism are commonly ordered to pay restitution for property repair or replacement costs. In high-dollar vandalism cases, restitution amounts can be significant.
Vehicle Code 23153 – DUI Causing Injury
When a DUI results in bodily injury, restitution may include medical expenses, rehabilitation costs, lost wages, future medical care, and vehicle repair or replacement.
Penal Code 368 – Elder Abuse
Financial elder abuse cases often involve restitution for misappropriated funds, unauthorized transactions, and emotional distress-related therapy costs.
Penal Code 273.5 – Domestic Violence Causing Injury
Domestic violence cases may include restitution for medical treatment, counseling, relocation expenses, and damaged property.
Health and Safety Code 11370.9 – Drug Money Laundering
In drug-related financial crimes, restitution may be ordered to compensate victims or financial institutions harmed by illegal transactions.
Penal Code 470 – Forgery
Forgery cases frequently involve restitution for financial losses, fraudulent withdrawals, and bank fees incurred by victims.
Penal Code 550 – Insurance Fraud
Insurance fraud convictions can result in restitution to insurance companies for fraudulent claims, investigative costs, and administrative expenses.
Why Related Charges Matter in Restitution Cases
Certain crimes carry higher restitution exposure due to:
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Serious bodily injury
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Long-term medical care
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Significant financial loss
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Property destruction
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Business interruption damages
In many cases, restitution amounts can exceed the criminal fine and may continue to be owed long after probation ends.
Strategic negotiation during plea discussions can sometimes limit restitution exposure or eliminate claims tied to dismissed charges.
Frequently Asked Questions About Victim Restitution
Is restitution mandatory in California?
Yes. Courts must order full restitution for economic losses after conviction.
Can restitution be ordered if charges are dismissed?
Only if a Harvey Waiver is agreed to.
Can I challenge the restitution amount?
Yes. You have the right to a restitution hearing and to present evidence disputing the claim.
What if I cannot afford to pay?
The court must consider your ability to pay and cannot punish you for genuine inability.
Does restitution replace a civil lawsuit?
No. Victims can still file a civil lawsuit for additional damages.
Why Legal Representation Matters in Restitution Cases
Restitution orders can reach tens or even hundreds of thousands of dollars in financial exposure.
A skilled criminal defense attorney can:
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Negotiate restitution during plea discussions
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Challenge unsupported or inflated claims
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Limit exposure through strategic plea agreements
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Argue against improper Harvey Waivers
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Protect you from probation violations
Restitution hearings are often overlooked, but they can have long-term financial consequences.
Contact a Los Angeles Criminal Defense Attorney
If you are facing criminal charges involving financial loss to a victim, restitution may become a major issue in your case.
Our experienced criminal defense attorneys can evaluate your exposure, challenge improper restitution claims, and negotiate favorable outcomes.
Eisner Gorin LLP is here to help. Contact our office to review your case and discuss strategies to protect your rights and financial future.
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