Legal Definitions - defendant's gain

Definition: Defendant's gain refers to the amount of money or the value of property that a criminal defendant has obtained by committing a crime. In some states, such as New York, the defendant's gain is considered when assessing a criminal fine or ordering restitution.

Example: If a person steals a car worth $20,000, their defendant's gain would be $20,000. If they sell the car for $15,000, their defendant's gain would still be $20,000 because that was the value of the property they obtained through the crime.

Explanation: The example illustrates how the defendant's gain is calculated based on the value of the property obtained through the crime. In some cases, the defendant may not have gained any monetary value, but may have obtained property or assets that can be considered in the calculation of their defendant's gain.