California, United States of America
The following excerpt is from People v. Mendoza, G054952 (Cal. App. 2019):
restitution directly from a defendant convicted of that crime." (Id., subd. (a)(1).) A court has broad discretion in setting the specific amount of restitution. (People v. Baker (2005) 126 Cal.App.4th 463, 470.) In doing so it may consider a variety of relevant factors, including, inter alia, "the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the defendant as a result of the crime, the extent to which any other person suffered losses as a result of the crime." ( 1202.4, subd. (d).) Those losses may include both pecuniary ones and intangible ones (e.g. psychological harm). (Ibid.)
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