Cases | 2004-Ohio-1370(Ohio Ct. App. 2004) | 2018
The defendant was convicted of misdemeanor assault after he pushed a woman during an argument, causing her serious head injuries. The defendant was sentenced to 180 days in jail, two years of probation, and ordered to pay $5,327 in restitution for the victim’s medical expenses. The defendant appealed, arguing the order of restitution for medical expenses was improper because the authorizing statute allows restitution in misdemeanor cases only for property damage. The appellate court found the restitution was ordered as a condition of probation and that, even for misdemeanor charges for which medical expenses could not be ordered, restitution orders for medical expenses may be ordered as a condition of probation, which is specifically authorized by the probation conditions statute. The order of restitution was affirmed.