Restitution for Criminal Offenses under Georgia Law
What is Restitution?
Simply put, restitution is money paid by an offender to compensate a victim for harm caused by the offender’s unlawful acts. Restitution is a primary concern of the criminal justice system. O.C.G.A. § 17-14-1. Restitution includes all damages recoverable in a civil action except punitive damages and damages for pain and suffering, mental anguish, or loss of consortium. O.C.G.A. § 17-14-2(2).
The Restitution Hearing
Under O.C.G.A. § 17-14-3 and O.C.G.A. § 17-14-7, a sentencing judge may order a defendant to pay restitution to the victim of his crime following a negotiated plea or restitution hearing.
At the restitution hearing the State has the burden of proving the specific amount of the victim’s loss by a preponderance of the evidence. The defendant bears the burden of proving their ability to pay (defendant’s financial resources). O.C.G.A. § 17-14-7(b).
Specifically, the Court looks to 8 factors when analyzing the defendant’s ability to pay restitution:
- The financial resources and other assets of the offender or person ordered to pay restitution including whether any of the assets are jointly controlled;
- The earnings and other income of the offender or person ordered to pay restitution;
- Any financial obligations of the offender or person ordered to pay restitution, including obligations to dependents;
- The amount of damages;
- The goal of restitution to the victim and the goal of rehabilitation of the offender;
- Any restitution previously made;
- The period of time during which the restitution order will be in effect; and
- Other factors which the ordering authority deems to be appropriate.
O.C.G.A. § 17-14-10.
If more than one offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or apportion liability amongst offenders. O.C.G.A. § 17-14-7(c).
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If you or someone you know has been arrested, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.