[DV_listserv] Restitution Case

[Domestic Violence issues]

State v. Kirschner (2/19/16)

(This is not a DV case, but its holding is applicable.)

Facts: The Defendant (and co-defendant) broke into the victim's home and, when confronted by the victim, fled. The Defendant was found a short distance away with drugs and a concealed weapon. He was charged w/ multiple crimes but ultimately pleaded guilty to a couple of drug possession charges and carrying a concealed weapon.

The state asked the court to impose restitution for the damage to the victim's home, the time the victim took off work to make those repairs, and victim's lost wages for appearing for trial and for the restitution hearing. The state subpoenaed him for both hearings. The defendant subpoenaed him for the restitution hearing. The court imposed all requested restitution. The Court of Appeals affirmed. The Supreme Court affirms, as well.

The Court's ruling explains that a victim's costs (including lost wages) may be awarded as "economic damages" if the state proves that the costs "resulted from" the defendant's criminal activity and were reasonably foreseeable.

http://www.publications.ojd.state.or.us/docs/S063069.pdf








Erin S. Greenawald
Sr. Assistant Attorney General | DA/LE Assistance| Criminal Justice Division
Oregon Department of Justice
2250 McGilchrist Street SE, Suite 100, Salem OR 97302
Main: 503.378.6347 | Desk: 503.934.2024 | Fax: 503.373.1937

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