Restitution Orders in Assault Cases: What You Might Owe

A man at his kitchen table reviewing restitution documents and bills with a calculator, symbolizing the financial burden of court-ordered restitution after an assault conviction in Texas and the importance of a lawyer near you.

Restitution Orders in Assault Cases: What You Might Owe

When you think about the consequences of an assault conviction in Texas, jail time, probation, or a fine might come to mind. But there’s another financial penalty that often catches defendants by surprise: restitution.

If you’re convicted—or even placed on deferred adjudication—for assault, the court may order you to pay restitution to the alleged victim. This is separate from fines and court costs. And in many cases, it’s mandatory.

In this guide, we’ll break down:

  • What restitution is in an assault case

  • What kinds of expenses you might be ordered to pay

  • How courts calculate restitution

  • Whether it applies in misdemeanor and felony cases

  • How restitution is enforced in Harris and Galveston Counties

  • What you can do to protect your rights and finances

Let’s dive in.

What Is Restitution?

Restitution is money a court orders a defendant to pay to a victim to compensate for actual losses resulting from the offense.

In assault cases, restitution typically covers:

  • Medical expenses

  • Mental health counseling

  • Property damage

  • Lost wages due to injury or court attendance

  • Emergency expenses, such as locks changed or relocation costs in family violence cases

Restitution is not intended to punish you. That’s what fines and jail time are for. Instead, it’s designed to “make the victim whole”—or as close to it as possible.

When Does the Court Order Restitution?

Restitution can be ordered when:

  • You’re convicted of assault

  • You plead guilty and receive probation or deferred adjudication

  • The victim or District Attorney’s Office requests it, and the court finds it appropriate

Even in Class A misdemeanor or Class C cases, restitution may be imposed—especially if the victim claims out-of-pocket losses.

In felony assault cases, restitution is common and often included in:

  • Plea bargains

  • Judicial sentencing

  • Community supervision terms

Want to learn more about sentencing levels? Read: Misdemeanor vs. Felony Assault: What’s the Difference?

What Types of Expenses Count?

Restitution in assault cases is usually limited to direct economic losses. Here are some examples:

Medical Bills

  • Emergency room visits

  • Ambulance services

  • Follow-up treatment (e.g., stitches, broken bones, therapy)

  • Prescriptions

Mental Health Counseling

  • Therapy related to trauma from the assault

  • Domestic violence support services

Lost Income

  • Time off work due to injury

  • Time off for court or medical appointments

Property Damage

  • Broken glasses, cell phones, furniture, etc.

  • Items destroyed or damaged during the incident

Relocation or Security Costs

  • In domestic violence cases, courts may order reimbursement for:

    • Changing locks

    • Temporary housing

    • Security system installation

Note: Pain and suffering or emotional distress damages are not part of criminal restitution—they’re reserved for civil lawsuits.

How Is Restitution Calculated?

The court will base the amount on:

  • Receipts or invoices submitted by the victim

  • Statements from the victim or law enforcement

  • Testimony at a restitution hearing, if contested

Your defense attorney near you can request:

  • Proof of actual expenses

  • Reduction of inflated or unsupported claims

  • A formal restitution hearing before the judge

In some cases, the court may:

  • Set a specific amount (e.g., $3,000)

  • Order you to pay monthly payments as part of your probation

Restitution is not negotiable after sentencing. If ordered, you must pay it—or risk jail time or probation revocation.

How Long Do I Have to Pay Restitution?

Restitution is usually:

  • Due during the term of probation or deferred adjudication

  • Collected by the county’s probation office

  • Paid monthly in amounts you can reasonably afford

If you don’t pay:

  • The court can extend your probation

  • Issue a warrant for your arrest

  • Order a restitution hearing to determine if the failure to pay was intentional

If you’re sentenced to prison, restitution may still be ordered and enforced post-release through parole or civil collection.

Restitution in Harris and Galveston Counties

Harris County

  • Victims can submit restitution requests through the DA’s Office or Crime Victims Compensation Program

  • Probation officers monitor payments and report delinquencies to the court

  • Restitution is often negotiated during plea bargaining

Galveston County

  • Judges tend to order restitution in any case with documented medical bills or property damage

  • Courts may delay sentencing or probation setup until restitution is calculated

  • Judges may deny probation altogether if the defendant refuses to pay restitution

Can You Avoid Restitution?

You may avoid paying restitution if:

  • The case is dismissed

  • The victim declines to request it

  • You are found not guilty

  • Your attorney challenges the amount successfully at a hearing

Deferred adjudication may still include restitution, even if you never receive a final conviction.

See: Can You Get Probation for Assault in Galveston County? (Straight vs. Deferred)

Can Restitution Be Changed or Reduced Later?

Not usually. Once restitution is:

  • Ordered by the court

  • Incorporated into your sentence

…it becomes a legal obligation. Courts rarely reopen restitution orders after sentencing, except in cases of:

  • Clerical errors

  • Substantial fraud

  • Proof that the victim’s losses were reimbursed elsewhere (e.g., insurance)

That’s why having a lawyer near you during plea negotiations or sentencing is essential to keep restitution amounts fair and accurate.

What Happens If You Can’t Afford It?

The court expects you to pay what you can afford monthly. If you fall behind:

  • Communicate with your probation officer

  • Request a payment plan adjustment

  • Provide proof of hardship

Never ignore restitution orders. Doing so can result in:

  • Probation violations

  • Court hearings

  • Arrest warrants

  • Additional fines or jail time

Why You Should Talk to a Lawyer Near You

Restitution isn’t something you want to negotiate—or overlook—on your own. In some cases, you may be agreeing to thousands of dollars in debt without realizing it, especially if the claim is exaggerated or unsupported.

At the Law Office of JL Carpenter, we’ve helped clients across Harris and Galveston Counties challenge inflated restitution claims, negotiate favorable plea terms, and protect their finances and rights. JL is a former felony prosecutor, and she understands how to push back when restitution demands go too far.

If you’re facing an assault charge, don’t wait until sentencing to protect yourself.

Call (713) 201-6767 or visit https://www.jlcarpenterlaw.com/contact/ for a confidential consultation with a lawyer near you who can help.