When there is a victim involved in a criminal offense, resolving the matter becomes more complicated. A person or entity is a victim of a crime if they have sustained personal injury or property damage as a result of someone else’s criminal conduct. Protecting and compensating a crime victim is a primary responsibility of the prosecution and the court, and will be a required component of any negotiated resolution and sentence.

In personal injury cases such as domestic violence, hit and run, assault, battery, rape and murder, the victim and/or their family are entitled to restitution as well as protection from further harm. Theft, burglary, shoplifting, robbery are also cases in which victims are compensated for their losses and may involve a combination of personal injury and property damage or loss. A criminal court will issue a restraining order against a defendant to protect the victim from any further harm from the defendant. This order will remain in effect throughout the pendency of the case as well as throughout any term of incarceration or probation.

For example, Chris Brown did not attend the Grammy Awards primarily because a restraining order had been issued by the court which handled his assault and battery case against Rihanna who was a performer at the Grammy Awards. Such restraining orders prohibit a defendant from being in the same location as the victim and usually have a required distance they must stay apart. Occasionally a victim can request that the restraining order be lifted, which is usually the case if they have mutual children or they desire to reconcile. It is still within the discretion of the court whether to lift any such order.

There are similar stay away orders issued in shoplifting cases which require a defendant to stay away from the store and the premises from where merchandise had been stolen. These stay away orders remain in effect during the defendant’s entire sentence of incarceration and/or probation.

Restitution will be ordered to compensate a victim for personal injury, property damage or loss. Restitution will be ordered by the criminal court as part of any sentence, regardless whether there is related civil litigation for the same matter. However, restitution ordered in a criminal case is for compensation of actual loss including medical bills and work loss, cost of the property damaged or taken and will not cover emotional or physical pain or suffering.

In many cases where a victim’s damages can be compensated, there is a provision under California Law to resolve the case by way of a civil compromise in lieu of criminal proceedings. We will discuss this procedure in a future blog.