Restitution in Los Angeles Criminal Cases

Restitution is the court-ordered repayment of a victim’s losses that flows directly from a criminal conviction. In every Los Angeles courtroom, judges must consider restitution the moment a defendant enters a guilty or no-contest plea or a jury returns a verdict. California requires the sentencing judge to “fully reimburse” every identifiable victim for every provable loss, making restitution one of the few sentencing consequences that cannot be waived, bargained away, or stayed except in extremely narrow circumstances. Understanding restitution in Los Angeles criminal cases is crucial for establishing the necessary courtroom tactics to achieve the best possible outcome.

Navigating the Los Angeles criminal process requires understanding how restitution orders can impact both sentencing and long-term financial obligations. An experienced defense attorney familiar with the Los Angeles criminal process can help challenge excessive claims and protect your rights during restitution hearings.

California anchors restitution in multiple layers of authority that leave very little discretion to the court:

• California Constitution, Article I, section 28(b)(13) (Marsy’s Law): guarantees victims “restitution from the persons convicted.”
• Penal Code section 1202.4 codifies mandatory direct victim restitution, the separate state restitution fine, and the mechanics of both.
• Penal Code section 1202.45 establishes the parole or PRCS revocation restitution fine, which is suspended unless supervision is revoked.
• Penal Code section 1214 converts unpaid restitution into a civil judgment, enforceable by liens, wage garnishment, and tax intercepts.
• Penal Code section 2085.5authorizes prison officials to deduct up to 50 percent of an inmate's wages and deposits for unpaid restitution.
• Welfare and Institutions Code section 730.6 imposes the same obligations on juvenile offenders.

Restitution in Los Angeles criminal cases is governed by a strict framework that leaves judges with little room for negotiation. Understanding how Los Angeles restitution in criminal cases interacts with constitutional and statutory mandates is critical for building an effective defense strategy.

• § 1202.4(a). Direct victim restitution is mandatory; a defendant’s inability to pay at the time of the order is not a reason to avoid it.
• § 1202.4(b). A separate restitution fine must be imposed in every case:
  • Misdemeanors: $150–$1,000
  • Felonies: $300–$10,000
  • The court determines the exact figure using factors such as the seriousness of the offense and the number of victims.
• § 1202.4(f). List economic losses that must be covered, including medical bills, mental health counseling, lost wages, property loss, relocation, and the interest that has accrued since the date of loss.
• § 1202.4(f)(3)(G) – Adds 10 percent simple interest per year on unpaid balances.
• § 1202.46 – Allows the court to modify the amount, name additional payees, or correct errors at any time during probation, supervision, or incarceration.

Understanding Los Angeles restitution in criminal cases means knowing how key Penal Code sections apply to both felony and misdemeanor convictions. These provisions outline the mandatory fines, covered losses, and interest rules that shape the financial outcome for defendants.

• Direct victims injured, defrauded, or whose property was damaged.
• The immediate surviving family of the deceased.
• Corporations, government agencies, or insurers that reimbursed a loss.
• Parents, guardians, or caregivers who spent money because of the crime.
• In juvenile matters, any person or entity that suffered a loss because of the minor’s conduct.

The broader the definition, the larger the potential obligation for restitution in Los Angeles criminal cases. A seasoned defense attorney can scrutinize every claimed loss to confirm that it was caused by the crime and not by unrelated circumstances.

• Economic losses. Tangible out-of-pocket costs such as hospital bills, repair invoices, stolen property, or lost profits.
• Non-economic losses. In violent felony cases and certain juvenile matters, the court may award emotional distress, psychological counseling, and other intangible harms.
• Future expenses. Surgery, therapy, or anticipated wage loss that a medical or economic expert can establish with reasonable certainty.

Los Angeles restitution in criminal cases typically includes two distinct forms of payment imposed at sentencing. Understanding the difference between direct victim restitution and restitution fines is crucial for both financial planning and legal defense.

• Direct Victim Restitution
  • Goes straight to the victim.
  • Must equal the full amount of proven loss.
  • Payable immediately unless the court sets a payment plan.
• Restitution Fine
  • Goes to the State Restitution Fund.
  • Treated as a punishment, like a traditional fine.
  • Subject to an ability-to-pay hearing upon defense request, but a finding of inability to pay never relieves the court of ordering direct restitution.

• Burden of proof. Preponderance of the evidence (more likely than not).
• Permissible evidence
  • Victim declarations, bills, and insurance statements.
  • Business records and repair estimates.
  • Hearsay is admissible because restitution hearings are part of the sentencing process.
• Defendant’s challenge
  • Cross-examine the victim or probation officer.
  • Provide alternative estimates or expert opinions.
  • Argue that some losses are speculative, collateral, or not proximately caused by the convicted offense.

• The probation officer contacts the victim and gathers documentation.
• The probation report lists the claimed losses and recommends a corresponding amount.
• At sentencing, the court can adopt, increase, decrease, or reserve jurisdiction if the loss is not yet known.
• If the defense disputes the figure, the judge sets a contested hearing.
• Victims testify first; the defense cross-examines; the judge rules from the bench and issues an abstract for collection.
• Orders are joint and several where there are codefendants.

Although juries do not decide restitution, several CALCRIM instructions intersect with restitution issues:

• CALCRIM 101 (Consequences of Plea). Advises the defendant that accepting a plea means agreeing to pay restitution.
• CALCRIM 1970 and related forgery/theft instructions. Mention that post-crime repayment is not a defense, thereby preventing jurors from letting restitution influence their decision on guilt.
• Value-driven theft instructions (e.g., CALCRIM 1800). Require the jury to find the fair-market value of property; that figure often becomes the baseline for the court’s later restitution order.

• Probation Conditions. Payment schedule, wage assignments, financial disclosures, and a requirement not to incur new debt.
• Parole and Post-Release Community Supervision. Any unpaid balance triggers collection by the California Department of Corrections and Rehabilitation.
• Civil Compromise Statutes. In rare misdemeanor property cases, full repayment before arraignment can sometimes lead to dismissal; however, once a conviction is obtained, restitution is mandatory.
• Ability-to-Pay Motions. After People v. Dueñas, courts may hold an ability-to-pay hearing for fines and fees, but not for direct victim restitution.

• The clerk records an abstract that operates as a lien against real property.
• Franchise Tax Board intercepts tax refunds and lottery winnings.
• Wage garnishment up to 50 percent of disposable income.
• 10 percent annual interest accrues on any unpaid balance.
• Failure to make reasonable payments can lead to probation violation or parole revocation.

• Juveniles are held to the same restitution standards under Welfare and Institutions Code section 730.6.
• Parents or guardians can be held jointly liable up to statutory caps.
• Juvenile courts frequently establish payment plans tied to school attendance or community service, but they cannot waive restitution outright.

Successfully navigating Los Angeles restitution in criminal cases requires strategically addressing both the amount and the basis of claimed losses. An experienced defense attorney can use targeted arguments to reduce or modify restitution obligations under California law.

• Dispute causation: show that claimed losses are too remote or speculative.
• Present competing appraisals for property damage or loss of use.
• Highlight insurance payouts to avoid duplication.
• Seek offsets for amounts already paid before sentencing.
• Request incremental payment plans based on documented income and expenses.
• File a motion to modify if subsequent civil litigation reimburses the victim.

• Conduct a forensic review of every receipt, invoice, and estimate to locate exaggerated or unrelated charges.
• Retain independent experts to challenge medical bills, economic projections, or property valuations.
• Negotiate civil settlements that satisfy the victim while reducing exposure to interest and collection fees.
• Argue for concurrent payment of fines and restitution so every dollar goes to the victim first.
• File timely appeals where the trial court abused its discretion or lacked evidentiary support.

Restitution is one of the most complex and financially significant penalties in any California criminal case. It intertwines constitutional mandates, statutory directives, sentencing strategy, and practical collection realities. A proactive and knowledgeable defense can drastically reduce the final amount, protect a client’s financial future, and still honor legitimate victim needs.

If you or a loved one faces restitution exposure in Los Angeles or anywhere in Southern California, consult with a criminal defense lawyer who understands both the law and the courtroom tactics necessary to achieve the best possible outcome. Contact our office for a comprehensive evaluation of every avenue to secure restitution for your criminal case.