Cases | 2004-Ohio-3808(Ohio Ct. App. 2004) | 2018
The defendant was convicted of misdemeanor assault and grand theft auto, a felony, after he stole a car and ran over the foot of the car’s owner while attempting to flee. The defendant was sentenced to two years of probation and ordered to pay $1,682 in restitution for medical expenses and $200 for damage to the car as a condition of his probation. The defendant appealed, arguing the order of restitution for medical expenses was improper: 1) for the car theft because he did not intend to cause the injury to the victim; and 2) for the assault as only restitution for property damage is authorized for misdemeanor convictions. The appellate court found the restitution for medical expenses was ordered for the car theft conviction and the issue of whether the defendant intended to cause an injury was irrelevant as he would be liable for any economic loss to the victim as a result of his criminal conduct. Because the restitution was ordered for the car theft, a felony, the fact that medical expenses were not authorized for misdemeanor convictions did not matter. The order of restitution was affirmed.