Janssen Malloy LLP Criminal Restitution Award Upheld on Appeal

In People v. Clark, Janssen Malloy LLP represented a victim of a sexual assault.  Pursuant to statute, victims of Penal Code (PC) section 288 are entitled to recover in criminal courts for pain and suffering as part of restitution.  PC section 1202.4(f)(3)(F) provides for the recovery of non-economic losses, including but not limited to psychological harm caused by a violation of PC section 288 (lewd act on child or dependent adult).
The court granted our request for payment to the victim of a substantial award for pain and suffering and also attorney’s fees.  The defendant appealed the judgment and the matter was stayed pending determination by the First District Court of Appeals.  After exhaustive briefing, the Court of Appeal upheld Judge Feeney’s decision to award damages and attorney fees.