For some Oregon crimes, civil compromise agreements may allow for a dismissal of the charges.
What is a civil compromise?
In Oregon, a civil compromise is a way to have a criminal charge dismissed. The civil compromise statutes in Oregon allow judges and courts to dismiss criminal charges if four conditions are met:
- The defendant (the person accused of a crime) is charged with a crime punishable as a misdemeanor;
- The person injured by the act constituting the crime (the victim) has a remedy by civil action;
- The person injured acknowledges in writing before trial that the person has received satisfaction for the injury; and
- The defendant pays costs and expenses incurred.
Note that there must be discrete victim or victims. Civil compromise is not available for crimes against the public or the state generally. For example, you cannot civilly compromise a Reckless Driving charge, but you may be able to civilly compromise a charge of Recklessly Endangering Another Person if the victim is named in the charge.
Oregon Law on Civil Compromise Agreements
for Criminal Charges
The Oregon laws that outline civil compromise agreements are as follows:
ORS 135.703 – Crimes which may be compromised
(1) When a defendant is charged with a crime punishable as a misdemeanor for which the person injured by the act constituting the crime has a remedy by a civil action, the crime may be compromised, as provided in ORS 135.705, except when it was committed:
(a) By or upon a peace officer while in the execution of the duties of office;
(b) Riotously;
(c) With an intent to commit a crime punishable only as a felony; or
(d) By one family or household member upon another family or household member, as defined in ORS 107.705, or by a person upon an elderly person or a person with a disability as defined in ORS 124.005 and the crime was:
(A) Assault in the fourth degree under ORS 163.160;
(B) Assault in the third degree under ORS 163.165;
(C) Menacing under ORS 163.190;
(D) Recklessly endangering another person under ORS 163.195;
(E) Harassment under ORS 166.065; or
(F) Strangulation under ORS 163.187.
(2) Notwithstanding subsection (1) of this section, when a defendant is charged with violating ORS 811.700, the crime may be compromised as provided in ORS 135.705.
ORS 135.705 – Satisfaction of injured person
(1)(a) If the person injured acknowledges in writing, at any time before trial on an accusatory instrument for the crime, that the person has received satisfaction for the injury, the court may, in its discretion, on payment of the costs and expenses incurred, enter a judgment dismissing the accusatory instrument.
(b) For purposes of paragraph (a) of this subsection, a written acknowledgment that a civil penalty under ORS 30.875 has been paid is not evidence that the person injured has received full satisfaction for the injury and is not a compromise under this section.
(2) As used in this section, “costs” includes those expenses specially incurred by the state in prosecuting the defendant, including costs under ORS 151.505 for the compensation of counsel appointed pursuant to ORS 135.045 or 135.050 and fees and expenses paid under ORS 135.055.
ORS 135.707 – Discharge as bar to prosecution
A judgment entered under ORS 135.705 is a bar to another prosecution for the same crime.
ORS 135.709 – Exclusiveness of procedure
No crime can be compromised nor can any proceeding for the prosecution or punishment thereof be stayed upon a compromise, except as provided in ORS 135.703 to 135.709 and 135.745 to 135.757.
Civil Compromise Attorney
If you are seeking a dismissal of Oregon criminal charges, don’t simply download a random form of the Internet at attempt to resolve the case on your own. Consult with an Oregon criminal defense attorney. It’s risky to attempt a civil compromise on your own, and you could end up making confessions or admissions which could be used against you in court if the civil compromise is ineffective or denied. Furthermore, your odds of having a civil compromise approved will likely be greater with the assistance of an attorney.