If a defendant can pay restitution but refuses, what is the legal consequence?

When a defendant is capable of paying restitution but refuses to do so, incarceration can indeed be a valid legal consequence. This stems from the principle that courts require individuals to take responsibility for the harm they caused, which often includes compensating the victims. If a defendant has the means to fulfill their obligation and deliberately chooses not to comply, the court may impose sanctions to enforce accountability.

Incarceration serves as a means to reinforce the seriousness of the obligation to pay restitution and to encourage compliance among defendants. The court has discretion in these matters, and while it may not be automatic or required in every situation, the refusal to pay despite the ability to do so can result in a determination that incarceration is an appropriate response to ensure that the defendant understands the importance of fulfilling their financial responsibilities. This legal standpoint encourages individuals to adhere to court orders and maintain the integrity of the justice system.