NEWPORT BEACH, Calif. — A judge at the Newport Beach Harbor Justice Center on Tuesday declined to waive a mandatory state restitution fee despite arguments from the defense that the accused faced severe financial hardship, housing instability and unemployment following incarceration.
During the court proceeding for a probation violation, the accused was present in custody to change his plea from not guilty to guilty on a count one misdemeanor battery charge. The violation, committed three years ago on Aug. 12, 2023, had a factual basis for a plea, as addressed by the judge.
The accused previously served approximately 128 days in the Orange County Jail between 2023 and 2025, which the court marked as completed, along with an active three-year probation term. A completed restitution request form by the victim witness had previously been submitted, and the court had already vacated both the eight hours of community service and the batterers’ treatment program imposed on the accused.
According to California Legislative Information, California Penal Code section 243(e)(1) is a domestic battery violation. The statute defines domestic battery as the use of force against a former partner, and a conviction can result in up to one year in county jail and participation in a treatment program.
Judge Maria D. Hernandez referenced that, under the statute and the allegations, a conviction could have resulted in a sentence of up to two years in county jail. In exchange for a guilty plea, she offered to reduce the sentence to formal probation and impose only 120 days in Orange County jail.
A $300 fine was imposed along with an additional $300 fine that was stayed and placed on hold in court records until the probation conditions were met. The stayed fine would be reinstated for failed compliance if the accused committed another probation violation.
Deputy Public Defender Kate Robison argued that the excessive fines did not reflect the accused’s criminal record. She requested that all fines and fees be waived, citing the accused’s personal history of financial hardship and economic instability.
The deputy public defender disclosed that the accused had only been able to afford renting a room, which he lost once he was incarcerated, leaving him unhoused. His incarceration also caused him to lose his construction job, and he remained uncertain about his ability to secure employment after his release from jail.
Additionally, the deputy public defender told the court that the accused is the sole provider for his three children. She stated that his obligation to support his family had been compounded by housing insecurity and job instability. The deputy public defender concluded that the consequences of incarceration had prevented the accused from having the means to afford the restitution fee or adequately support his family.
Judge Hernandez acknowledged the accused’s circumstances and overruled the objection from the Deputy District Attorney to make two of his previous misdemeanors terminal dispositions. She sentenced him to two years of formal probation and 120 days in Orange County jail with credits applied, and granted the prosecution’s request to allow for search and seizure conditions.
Both $300 fines, totaling $600, were stayed at the request of the public defender. However, the mandatory minimum $150 state restitution fee was imposed and not waived by the court.
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