Restitution Orders in Assault Cases: Financial Consequences

A Beginner’s Guide to Court-Ordered Restitution in Texas Assault Cases

When people think of the consequences of an assault charge in Texas, they usually worry about jail, probation, or criminal records. But there’s another penalty that often catches defendants off guard: court-ordered restitution.

If you’re convicted of assault — or even placed on deferred adjudication — you may be required to pay restitution to the alleged victim, regardless of whether you intended to cause harm.

In this guide, we’ll explain how restitution works in Texas assault cases, what expenses courts may order you to pay, and how a skilled attorney near you can help minimize or even challenge restitution obligations.

What You’ll Learn in This Guide:

• What restitution is and how it differs from fines
• When restitution is ordered in assault cases
• What kinds of financial losses qualify
• How restitution is calculated
• How to challenge or negotiate restitution terms
• Why a lawyer near you is critical in these financial determinations

What Is Restitution in a Criminal Case?

Restitution is a court order requiring a convicted defendant to reimburse the victim for out-of-pocket losses caused by the offense.

Unlike criminal fines, which are paid to the court or the State of Texas, restitution is paid directly to the alleged victimand is intended to make them “whole” for any costs incurred due to the assault.

Is Restitution Mandatory in Texas Assault Cases?

Not always — but it is commonly ordered in:

• Class A Misdemeanor Assault cases with documented injury
• Assault–Family Violence where property is damaged
• Aggravated Assault or Felony Assault with medical or property loss
• Cases resolved through probation, deferred adjudication, or plea agreements

Courts are given broad discretion under Tex. Code Crim. Proc. Art. 42.037 to determine the amount and scope of restitution.

Your attorney near you can fight to limit or contest restitution amounts, especially when damages are exaggerated or unsupported.

What Types of Expenses Can Be Included in a Restitution Order?

Restitution may cover a range of financial losses directly related to the alleged assault, including:

• Medical bills (emergency room visits, treatment, prescriptions)
• Therapy or mental health services
• Lost wages due to injury or court participation
• Property damage (e.g., broken phone, glasses, clothing)
• Emergency housing or relocation costs in family violence cases
• Out-of-pocket transportation costs to medical or court-related services

Courts must find a direct causal connection between the offense and the loss. A skilled lawyer near you can often dispute this connection to reduce your financial liability.

How Is Restitution Calculated?

In many cases, prosecutors will present:

• Itemized bills or invoices
• Victim impact statements
• Witness testimony or affidavits
• Photos or police documentation of property damage

Courts generally accept actual costs, but inflated or unverified claims can be challenged during sentencing.

Your criminal defense attorney near you may request a restitution hearing to contest:

• The necessity of the expenses
• Whether they are reasonable and accurate
• Whether they are directly tied to the alleged assault

How Is Restitution Paid?

If You’re Sentenced to Probation or Deferred Adjudication:

• Payments are usually made in monthly installments as part of your supervision terms
• Failure to pay restitution can result in probation revocation or extended supervision

If You’re Sentenced to Jail or Prison:

• Restitution may be ordered as a condition of parole or post-release supervision
• Unpaid restitution may still be pursued in civil court after release

Can You Be Sued for More Money Later?

Yes. Restitution does not prevent the victim from filing a civil lawsuit to seek additional damages such as:

• Pain and suffering
• Future lost earnings
• Emotional distress

That’s why a conviction — even without jail time — can expose you to both criminal and civil financial liability.

Your lawyer near you can help negotiate global settlements that address both criminal restitution and civil release when possible.

What If You Can’t Afford Restitution?

You may qualify for a payment plan, but inability to pay is not always a defense.

Courts may consider:

• Your employment status and income
• Whether the restitution is reasonable and within your means
• Whether other alternatives (e.g., community service) can be substituted

⚠️ But failure to pay — even if unintentional — can still result in probation violations, extended supervision, or civil judgments.

Can a Lawyer Near You Reduce or Eliminate Restitution?

Yes. An experienced criminal defense attorney near you can:

• Challenge exaggerated or inflated costs
• Demand documentation and verification from the prosecution
• Request a restitution hearing
• Negotiate reduction or waiver as part of a plea deal
• Help you pursue alternative sentencing conditions

At Walker Law Office, we regularly dispute unfair restitution claims and protect our clients from financial penalties that far exceed the scope of the alleged conduct.

Real-Life Example

Case 1: Class A Assault – Bar Fight
– Client charged with simple assault; victim claimed over $3,000 in medical bills.
– Our attorney challenged the link between injuries and the altercation.
– Result: Restitution reduced to $600 and case resolved with deferred adjudication.

Case 2: Family Violence – Broken Cellphone
– Alleged victim claimed $1,200 damage for a basic phone.
– After presenting evidence of actual phone value, restitution reduced to $300.

Final Thoughts: Don’t Let Restitution Catch You Off Guard

Even if you avoid jail, restitution orders can impose a heavy financial burden — often without warning. That’s why you need a criminal defense attorney near you who can assess the evidence, negotiate more favorable terms, and protect your finances and future.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with a criminal defense attorney near you about your case and your financial exposure.

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