Can a defendant be ordered to pay full restitution to a victim who suffered economic loss as a result of his criminal conduct?

California, United States of America


The following excerpt is from People v. Vanbladel, A146749 (Cal. App. 2016):

Vanbladel contends court erred by awarding restitution pursuant to section 1202.4. Section 1202.4, subdivision (a)(1) declares a legislative intent "that a victim of crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime." Pursuant to section 1202.4, subdivision (f), "in every case in which a victim has suffered economic loss as a result of the defendant's conduct, the court shall require that the defendant make restitution to the victim . . . . The court shall order full restitution unless it finds compelling and extraordinary reasons for not doing so and states them on the record. . . ." "To the extent possible, the restitution order shall . . . identify each victim and each loss to which it pertains, and shall be of a dollar amount that is sufficient to fully reimburse the victim . . . for every determined economic loss incurred as the result of the defendant's criminal conduct. . . ." ( 1202.4, subd. (f)(3); see also People v. Stanley (2012) 54 Cal.4th 734, 737.)

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