Is a defendant required to pay restitution to a victim of sexual assault who suffered economic harm as a result of a plea bargain?

California, United States of America


The following excerpt is from People v. Gurrola, E059181 (Cal. App. 2014):

1. On the plea bargain form, defendant had initialed a provision, as one of the consequences of the plea, that, "I will be ordered to pay restitution to the victim(s) if the victim(s) suffered economic harm. I agree that the amount of victim restitution is ___ [left blank]. If the parties do not agree, the probation department will determine the amount. If I disagree with the amount, I must promptly request a hearing." Defendant also initialed a provision that stated: "I agree that I will be ordered to pay restitution to the victim(s) of the dismissed charges and/or enhancements if the victim(s) suffered economic harm." Defendant agreed to a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754), so that restitution pertaining to dismissed counts could be imposed.

Other Questions


Does a victim who suffered economic loss as a result of sexual assault receive restitution directly from a defendant convicted of the crime? (California, United States of America)
Does section 13967(c) of the California Criminal Code require a defendant to pay restitution to victims who have suffered only economic loss as a result of their crimes? (California, United States of America)
What is the test for a victim of sexual assault to seek restitution under the victim restitution statutory scheme? (California, United States of America)
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)
Does a defendant's sexual misconduct with respect to both victims of the same sexual assault have a greater probative value than the accused's prior sexual misconduct? (California, United States of America)
In a sexual assault case, can defendant appeal against his convictions for sexual assault against two different victims? (California, United States of America)
Is a convicted wrongdoer required to pay restitution to a victim who suffered economic loss as a result of his actions? (California, United States of America)
Can a jury infer that defendant devised a plan to kill the victim to avoid detection for sexual assault during or after the sexual assault? (California, United States of America)
In a sexual assault case, is there any evidence that the victim was afraid of defendant prior to the sexual assault in her bedroom or on the living room couch? (California, United States of America)
Can a victim be ordered to pay restitution to the victim of a crime where the victim suffered indirect economic loss? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.