By Shannon Powell, Criminal Defense Attorney
Key Takeaways
An Oregon civil compromise allows certain criminal charges to be dismissed when the victim has received satisfactory compensation.
Civil compromises generally apply to eligible misdemeanors involving an identifiable victim who has the right to pursue civil damages.
Not all crimes qualify for civil compromise, including certain domestic violence offenses and crimes involving police officers.
The victim must provide written acknowledgment of satisfactory compensation before the criminal trial begins.
A judge has the final say in approving a civil compromise, even when the victim has already been compensated.
An Oregon criminal defense attorney can help determine your eligibility, negotiate with the victim, and guide you through the whole process.
If you’re facing criminal charges in Oregon, you might have more options than you realize. An Oregon civil compromise can offer a way to resolve certain criminal cases without going through a trial or ending up with a conviction. However, there are specific rules about who qualifies and what needs to happen before charges can be dismissed. In this guide, we’ll walk you through how civil compromises work, which crimes are eligible, the requirements and potential benefits, and how an attorney can make a big difference. We’re located in Beaverton and serve the entire Portland area, including Hillsboro and Tigard.
What is a Civil Compromise in Oregon?
A civil compromise in Oregon is a legal process that allows certain criminal charges, typically misdemeanors, to be dismissed when the victim has received satisfactory compensation and the court approves the compromise. In some cases, certain Class C felonies may also qualify. Instead of moving forward with a criminal prosecution, the accused person typically agrees to compensate the victim for the harm or financial loss they caused. If the legal requirements are met and the court approves the compromise, the criminal case can be dismissed.
The idea is that in some situations, resolving the harm done to the victim makes more sense than continuing with criminal charges. For example, if someone is accused of damaging another person's property, paying for the repairs might help resolve the situation without the need for a criminal conviction.
However, civil compromises aren’t available for every type of offense, and reaching an agreement with the victim doesn’t automatically mean these charges will go away. Ultimately, the court will determine whether the case qualifies and whether dismissal is appropriate.
What Are the Benefits of a Civil Compromise in Oregon?
One of the biggest benefits of a civil compromise in Oregon is the opportunity to have criminal charges dismissed without a conviction. This can help you avoid some of the long-term consequences of a criminal record, including potential difficulties with employment and housing. A civil compromise can also help you avoid a lengthy trial while giving the victim an opportunity to receive compensation for their losses.
What Crimes are Eligible for Civil Compromise in Oregon?
Under ORS 135.703, civil compromises generally apply to misdemeanor offenses where the victim has the legal right to pursue compensation through a civil lawsuit. In other words, the crime must involve harm to an identifiable victim who could potentially recover damages.
Below is a list of some examples of crimes that might qualify for civil compromise:
Theft: Certain misdemeanor theft offenses involving stolen money or property.
Criminal mischief: Cases involving damage to someone else's property, such as vandalism.
Assault in the fourth degree: Certain misdemeanor assault cases involving injury to another person.
Harassment: Some harassment cases involving an identifiable victim who has a valid civil claim.
Failure to perform the duties of a driver: Certain hit-and-run cases involving property damage.
It’s important to understand that just because a crime might fall into one of these categories, that doesn't automatically mean it will be eligible for a civil compromise. The circumstances surrounding the offense really matter and Oregon law specifically excludes certain situations from qualifying.
What Crimes are Not Eligible for Civil Compromise?
While Oregon allows civil compromises for certain criminal offenses, there are still some important exceptions to be aware of. The following crimes and circumstances generally don’t qualify:
Crimes involving police officers: Offenses committed by or against peace officers while the officer is performing official duties.
Crimes committed during a riot: Offenses committed as part of riotous activity.
Crimes involving felony intent: Offenses committed with the intention of carrying out a crime punishable only as a felony.
Certain domestic violence offenses: Assault in the third or fourth degree, menacing, harassment, reckless endangerment, or strangulation committed against a family or household member.
Certain crimes against vulnerable individuals: Those same specified offenses when committed against an elderly person or a person with a disability.
Crimes without an eligible civil remedy: Offenses that don’t involve an injured person who could pursue a civil claim, such as many crimes against the public at large.
What’s Required to Obtain Civil Compromise
Obtaining a civil compromise involves more than simply reaching an agreement with the victim. First, the criminal charge must be eligible under Oregon law, and the person harmed must have the right to pursue compensation through a civil lawsuit. Because certain crimes are excluded, not every case will qualify.
Another important requirement is making things right with the victim. This could involve paying for damaged property, returning stolen money, or covering other financial losses. Under Oregon law, the victim must provide a written acknowledgment confirming that they’ve received satisfactory compensation. This acknowledgment must be submitted to the court before the criminal trial begins. However, the victim doesn’t necessarily have to agree to dismiss the criminal charges.
You'll also need to account for the costs and expenses associated with the prosecution, which the court addresses as part of the dismissal process.
Does the Court Have the Final Say?
Yes, even if the victim has been fully compensated and all the necessary paperwork has been submitted, the judge ultimately decides whether to approve a civil compromise in Oregon. Reaching an agreement with the victim doesn’t automatically mean your criminal charges will be dismissed.
If the judge approves the civil compromise, the criminal charges can be dismissed. However, the judge also has the discretion to deny the request.
Why You Should Still Hire a Lawyer
Facing criminal charges doesn’t always have to mean going through a lengthy trial or ending up with a conviction. For certain offenses, a civil compromise offers an opportunity to make things right with the victim and potentially have your charges dismissed. However, because the process isn't always completely straightforward, having an experienced criminal defense attorney can help determine whether your case qualifies, negotiate with the victim, handle the necessary paperwork, and present your case to the judge.
At Powell Law, we understand how stressful facing criminal charges can be. If you're wondering whether a civil compromise might be an option for your case, contact our experienced team today to discuss your situation and learn how we can help.
FAQs
What are the requirements for a civil compromise in Oregon?
The offense must qualify under Oregon law and the victim must also provide written acknowledgment that they’ve received compensation that is satisfactory before the trial. The judge must also approve the dismissal.
How much does a civil compromise cost in Oregon?
Costs depend on the case and might include compensation to the victim, court-ordered prosecution expenses and attorney fees. The total will vary based on the specific circumstances.
Does a civil compromise mean you’re admitting guilt?
No. A civil compromise doesn't automatically mean you’re admitting guilt. It allows eligible criminal charges to be dismissed without a conviction, although you should have an attorney review the agreement before moving forward.
What Happens After a Civil Compromise in Oregon?
If the judge approves the civil compromise, the criminal charges are dismissed without a conviction. However, your arrest and court records don't automatically just disappear. You might need to pursue expungement separately.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
