What type of restitution is someone entitled to for a criminal act?

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What type of restitution is someone entitled to for a criminal act?

Suspect is a 20 year-old male. He broke out a bedroom window with a bat at 1 am, knowing that my wife and kids were home. Besides homeowners insurance, what other kind of money can I get to really deter this suspect? Any civil penalties?

Asked on February 1, 2011 under Personal Injury, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Restitution by very definition is the act of repayment and in criminal law, it is the defendant's paying back to the victim or society the cost of the damage that he or she caused as part of his or her sentence.  You will not, though, be unjustly enriched with a windfall for the window.  I think tat you are looking to sue him civilly.  Harassment can be the basis of a civil suit and in some instances punitive damages can attach to a verdict.  I would consult with an attorney in your area on the matter and see what you need to prove as a cause of action.  An isolated incident may not be enough. And I would speak with the Prosecutor's office about a restraining order as well.  Good luck.


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