In California, embezzlement convictions carry steep financial consequences that stretch far beyond standard penalties. Chief among these is victim restitution, a mandate central to the state’s justice system that demands full repayment of economic losses. Here is what you need to know about it.
How does victim restitution work?
A court must order restitution immediately upon conviction. Under California law, this requires the defendant to pay for the victim’s full economic losses directly caused by the embezzlement. Some of the common losses covered under victim restitution include:
- Misappropriated assets or funds
- Lost revenue resulting from the embezzlement
- Forensic auditing costs
- Attorney’s fees and related costs, in certain circumstances
In addition to reimbursing the victim’s economic losses, a defendant is also required to pay a restitution fine separately. For a felony conviction, the fine ranges from $300 to $10,000. Meanwhile, for a misdemeanor conviction, the range is between $150 and $1,000.
How does restitution relate to probation and sentencing?
As is common with white-collar crimes, paying back the victim does not guarantee that a person will skip jail time. However, a strong criminal defense often highlights the defendant’s effort to repay the money. The court will typically consider this effort when weighing an appropriate sentence. In some cases, courts can make restitution a condition of probation, allowing a defendant to avoid serving time in custody.
Why the restitution calculation matters and how it can be contested
California restitution orders can be confusing, and the financial impact can follow you for years. Because the rules are so strict, it is wise to speak with an experienced criminal defense lawyer. They can review the restitution calculation, challenge losses that were not directly caused by the defendant’s conduct and advocate for a payment structure the client can realistically meet.
