Understanding Restitution in Criminal Cases

When a person is convicted of a crime, they may face several penalties. One of the penalties that can be imposed after a criminal conviction is “restitution.” Restitution is often overlooked and misunderstood. Restitution is a mechanism for crime victims to recover compensation for the costs caused by a crime. It goes beyond punishing offenders. Restitution focuses on restoring victims to the position they were in before the crime occurred. This article discusses some vital things to know about restitution in criminal cases.

What Is Restitution?

Restitution is when the court orders an offender to pay a victim back for actual losses suffered as a result of the crime. Restitution may be ordered as part of a criminal sentence or as a condition of probation.

You may wonder, “What is the difference between fines and restitution?” The difference between fines and restitution is that while fines are punitive, meaning they are only meant to punish the offender, restitution is compensatory, meaning it is meant to reimburse the victim for losses or damages directly resulting from the crime. While fines go to the government, restitution goes to the crime victim.

In the United States, all states have statutes that require convicted defendants to pay restitution to victims. Courts are required to consider restitution as part of any sentence. A judge may need to provide a justification if they don’t order restitution or only order partial restitution.

Which Crimes Typically Result in a Restitution Order?

Restitution is not ordered in all criminal cases. For restitution to be included as part of a criminal sentence, the court must find that;

• It is necessary for rehabilitation
• The victim’s financial losses are directly related to the crime
• It is needed to make the victim “whole.”

Judges often order restitution in cases involving theft, property damage, fraud, and violent crimes resulting in bodily injury.

Expenses That Restitution Can Cover

The court can order an offender to reimburse a victim for various losses and expenses related to the crime. Provisions vary from state, but the following are some of the losses and expenses that are typically considered when calculating restitution amounts;

• Medical expenses
• Lost wages
• Lost or damaged property
• Funeral expenses

How Does the Court Determine the Amount of Restitution?

It is up to the court to determine the amount of restitution an offender is to pay. When determining the amount of restitution, the court considers several legal elements, including the following;

• the victim’s actual financial losses
• the economic gain derived by the offender
• the victim’s impact statement
• the evidence presented by the victim to support their claim for restitution
• the defendant’s ability to pay

Consequences of Not Paying Restitution

Failure to comply with a restitution order can result in severe consequences, including the following;

• Additional fines
• Incarceration
• Revocation of probation

If the court orders restitution, the defendant can appeal the order by filing a motion requesting the court to reconsider the amount. You can also present additional evidence to dispute the calculated amount.

Contact an NYC Criminal Defense Attorney

For more information or legal help, contact our NYC criminal defense attorney, Mark I. Cohen, at 917-414-8585.