Restitution is an amount of money a court will order a defendant to pay to a victim of a crime. A New York criminal court may only order payment for the out of pocket losses suffered by the victim of the crime. In criminal court, the amount of restitution cannot include sums for pain and suffering or liquidated damages and can be no greater than the sum necessary to compensate the victim for actual out of pocket losses. However, a civil case may also be brought against someone either at the same time as the criminal case, or even after it is completed. So, while the criminal court cannot order damages for pain and suffering, a civil court may do so, and it is important to consider this possibility and to seek advice from your lawyer about how to handle a potential lawsuit against you.
