# Restitution as a criminal penalty **URL:** \ **Category:** Factual Questions\ **Created:** [November 9, 2010, 5:28pm UTC](https://boards.straightdope.com/t/restitution-as-a-criminal-penalty/560058 "2010-11-09T17:28:22Z")\ **Posts on this page:** 3\ **Page:** 1
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [November 9, 2010, 5:28pm UTC](https://boards.straightdope.com/t/restitution-as-a-criminal-penalty/560058/1 "2010-11-09T17:28:22Z")
This question is related to a case getting a lot of press right now, about a banker who did a hit and run on a bicyclist. He was charged with a misdemeanor rather than a felony, apparently in part based on his need to keep his job and therefor his ability to pay restitution. There’s one story about it [here](http://www.vaildaily.com/article/20101104/NEWS/101109939/1078&ParentProfile=1062), and there’s an ongoing thread [here](http://boards.straightdope.com/sdmb/showthread.php?p=13120529#post13120529). In the first link, the prosecutor is quoted as saying: > [@](#): > > Hurlbert [the prosecutor] said Thursday that, in part, this case is about the money. > > “The money has never been a priority for them [the victim and his attorney]. It is for us,” Hurlbert said. “Justice in this case includes restitution and the ability to pay it.” > > Hurlbert said Erzinger is willing to take responsibility and pay restitution. > > “Felony convictions have some pretty serious job implications for someone in Mr. Erzinger’s profession, and that entered into it,” Hurlbert said. “When you’re talking about restitution, you don’t want to take away his ability to pay.” The bracketed items are my additions for clarity. As an aside, I find this a very strange attitude for a prosecuting attorney. Fill me in on “restitution” in terms of a criminal penalty. Am I correct that this is not money paid directly to the victim, but rather to some kind of victims’ find? And that this particular victim would then have to apply to the fund for assistance? IIRC victims’ funds often have pretty low caps on payouts, as there’s always far more damage done than there is money to pay for it. So even if the rich guy pays in $5 million, the victim might be limited to $5 thousand, or something like that. Am I getting this right? If I am incorrect, and the offender is required to pay the victim, or the voctim’s medical bills, does this in any way interfere with the victim’s ability to sue for damages in civil court? ---
**Author:** ![Neptunian\_Slug](https://avatars.discourse-cdn.com/v4/letter/n/ce7236/32.png) [@Neptunian\_Slug](https://boards.straightdope.com/u/Neptunian_Slug)\ **Post date:** [November 9, 2010, 11:36pm UTC](https://boards.straightdope.com/t/restitution-as-a-criminal-penalty/560058/2 "2010-11-09T23:36:55Z")
Don’t know about this case, but we had an employee who ripped off the company. The person went to jail and makes money working in prison. Every month the company receives a check $20. At that rate the company will get repaid in about 1,000 years. ---
**Author:** ![EristicKallistic](https://avatars.discourse-cdn.com/v4/letter/e/85e7bf/32.png) [@EristicKallistic](https://boards.straightdope.com/u/EristicKallistic)\ **Post date:** [November 9, 2010, 11:47pm UTC](https://boards.straightdope.com/t/restitution-as-a-criminal-penalty/560058/3 "2010-11-09T23:47:30Z")
Restitution can be ordered by the court after a criminal conviction. This payment can go directly to the victim. It does not bar the victim from suing in civil court. In New York this is all covered in section 60.27 of our penal code: > **[New York Penal Law Section 60.27 - Restitution and reparation. - New York...](https://law.onecle.com/new-york/penal/PEN060.27_60.27.html)** > > New York state laws includes New York consolidated laws on banking, business corporations, criminal procedure, domestic relations, estates, crimes, taxes and workers' compensation. YMMV. IANAL.