The Oregon Manslaughter Law and Sentence Guide
Oregon, like all other states, has a set of laws that dictate how individuals who are found guilty of committing certain crimes should be punished. One such crime is manslaughter, which is the unlawful killing of another person without malice or premeditation. In Oregon, manslaughter can be either voluntary or involuntary, and the severity of the punishment for each type of manslaughter can vary depending on the circumstances surrounding the crime. Understanding the different types of manslaughter and the associated sentences can be crucial in determining an individual's legal rights and potential punishments. In this blog post, we will explore the different types of manslaughter under Oregon law and provide a guide to the possible sentences that may be imposed upon conviction.
If you’ve been charged with manslaughter in Oregon and need a criminal defense attorney, we’ll give you a free consultation. Click the button below to get your free call. We’re based in Beaverton and serve the entire Portland area.
Manslaughter 1 in Oregon ORS 163.118
Manslaughter in the first degree is the most serious type of manslaughter under Oregon law. It’s committed when a person intentionally causes the death of another person under circumstances that do not amount to murder, such as in the heat of passion, during a sudden fight, or as a result of extreme emotional disturbance. You may be charged with manslaughter in the first degree if you have:
1. Caused death by negligence, maltreatment, or neglect.
2. Have a history of engaging in a pattern of torture or assault.
3. Caused the death of a child who is under 14 years old due to recklessness.
First Degree Oregon Manslaughter Sentence
Oregon manslaughter in the first degree is a ballot measure 11 offense which carries with it a minimum of 120 months imprisonment and a fine of up to $375,000.
Manslaughter 2 in Oregon ORS 163.125
Manslaughter in the second degree is a less severe offense than manslaughter in the first degree in Oregon. It’s committed when a person recklessly causes the death of another person, or intentionally or knowingly aids, solicits, or causes another person to commit suicide.
Second-Degree Manslaughter Oregon Sentence
Manslaughter in the second degree is a ballot measure 11 offense in Oregon, which carries a minimum of 75 months imprisonment and a fine of up to $250,000.
Oregon Vehicular Manslaughter 163.149
Vehicular manslaughter is a specific type of manslaughter under Oregon law that is committed when a person recklessly operates a motor vehicle and causes the death of another person. This can include:
● Driving under the influence of drugs or alcohol
● Driving while distracted
● Driving in a manner that is inherently dangerous.
Vehicular manslaughter is a Class A felony in Oregon, which carries a maximum penalty of 10 years imprisonment, a fine of up to $250,000, and no possibility of parole. In addition to these penalties, a person convicted of vehicular manslaughter might also face the suspension or revocation of their driver's license, mandatory attendance at a victim impact panel, and other court-ordered requirements. The actual sentence imposed will depend on the specific circumstances of the case, including the defendant's criminal history, the severity of the offense, and the impact on the victim and their family. Vehicular manslaughter cases can also result in civil liability, with the victim's family being able to file a wrongful death lawsuit against the responsible driver for damages.
What Happens if You Get a DUI During a Manslaughter Charge?
Getting a DUI during a manslaughter charge in Oregon can have serious consequences. If a person is convicted of both DUI and manslaughter, they may face enhanced penalties, including longer prison sentences and higher fines. A DUI charge means that a person was operating a motor vehicle while under the influence of drugs or alcohol, which can be a contributing factor to the manslaughter charge.
In Oregon, a first-time DUI conviction can result in a Class A misdemeanor charge, which carries a maximum sentence of 1 year in jail and a $6,250 fine. However, if a person is convicted of DUI and manslaughter, the DUI charge could become a felony charge, and they could face a longer prison sentence and much higher fines. Keep in mind that in Oregon, a person's blood alcohol content (BAC) at the time of the offense can impact the severity of their charges and the penalties they may face.
How an Oregon Lawyer Can Help You in a Manslaughter Case
One of the most important roles that a lawyer can play in a manslaughter case is to investigate the circumstances surrounding the offense. This can involve reviewing police reports, witness statements, and other evidence to identify potential weaknesses in the prosecution's case. A skilled manslaughter lawyer can use this information to build a strong defense strategy that is tailored to the specific facts of your case.
In addition to investigating the case, a lawyer can also help you understand your legal options and the potential consequences of different courses of action. They can explain the potential benefits and risks of taking a plea bargain, going to trial, or pursuing other legal strategies, and can help you make informed decisions based on your priorities and goals. Here is a list of some of the ways that an Oregon lawyer can assist you during a manslaughter case:
● Investigate the case and gather evidence
● Build a strong defense strategy
● Negotiate with prosecutors to secure favorable plea bargains
● Represent you in court during pretrial hearings and at trial
● Advocate for your rights and protect your interests throughout the process
● Help you understand the legal system and your options
● Provide guidance and support during a difficult and stressful time.
Oregon Manslaughter Law and Sentence Guide Conclusion
If you are facing manslaughter charges in Oregon, seeking the help of an experienced criminal defense lawyer can be a crucial step in protecting your rights and building a strong defense. Shannon Powell of Powell Law has the knowledge, skills, and experience necessary to represent you in a manslaughter case, and can provide the guidance and support you need during this difficult time. With a focus on personalized, compassionate representation, Shannon Powell can help you navigate the complexities of the legal system and fight for the best possible outcome in your case. If you need legal assistance for a manslaughter charge in Oregon, don’t hesitate to contact Powell Law to schedule a consultation. Whether you’re in Clackamus County, Beaverton, or Lake Oswego, we can help you!
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
