Vandalism Restitution

Case Name: People v. Stanley , CalSup , Case #: S185961

Opinion Date: 7/9/2012  , DAR #: 9450

Case Holding:

When awarding restitution to a vandalism victim, the court has   discretion to award either replacement cost or repair cost. Defendant   vandalized the victim's 1975 pickup truck which had been in excellent condition   when purchased for $950 some 18 months earlier. Defendant pled guilty to felony   vandalism and received a 16-month sentence. He contested the court's award of   $2,812.94 to the victim to repair her vehicle. The Court of Appeal rejected   defendant's argument that victim restitution should be limited to the $950   purchase price of the car. Affirmed. Under Penal Code section 1202.4,   subdivision (f)(3)(A), the trial court may award restitution to the victim for   the replacement cost of property or the actual cost of repair when repair is   possible. The decision whether to order replacement or repair costs is left to   the sound discretion of the court. In this case, awarding the victim the cost of   repair did not result in a "windfall" to the victim as appellant asserted. This   conforms with the spirit of Proposition 8's "Victim's Bill of Rights" as well as   the implementing legislation.

If you have been charged with Vandalism under California Penal Code section 594 et al. you must contact a lawyer as soon as possible. The Law Office of George Derieg has vast amounts of experience in litigating vandalism cases throughout the state of California. Mr. Derieg will not only fight your case up to jury trial, he will also, in the event you are convicted, fight tirelessly to make sure restitution is limited only to what is fair and just.

George Derieg

Attorney at Law

www.eastbayattorney.com

510-355-2747