Crimes subject to being compromised
- exceptions
Source:
Section 135.703 — Crimes subject to being compromised; exceptions, https://www.oregonlegislature.gov/bills_laws/ors/ors135.html.
See also annotations under ORS 134.010 in permanent edition.
Notes of Decisions
By enacting ORS 161.705, the legislature intended to authorize a compromise of all Class C felonies which could be punished “as a misdemeanor.” State v. Dumond, 270 Or 854, 530 P2d 32 (1974)
ORS 135.755 must be read together with ORS 135.705 and this section. State v. Martindale, 30 Or App 1127, 569 P2d 659 (1977), Sup Ct review denied
Criminal charge based on failure of driver involved in accident to leave name and address is not a charge which can be dismissed on basis of civil compromise. State v. Duffy, 33 Or App 301, 576 P2d 797 (1978)
To be entitled to civil compromise, defendant’s misdemeanor must affect only person or persons with civil remedy: acts criminalized to protect public at large are not covered by this section; overruling State v. Phon Yos, 71 Or App 57, 691 P2d 508 (1984). State v. Dugger, 73 Or App 109, 698 P2d 491 (1985)
Defendant, who was charged after damaging employer’s vehicle, repairs to which were paid for by employer’s insurer and who then entered into valid civil compromise with employer but not with insurer, is eligible for dismissal under ORS 135.705 because employer, not insurer, is person injured by defendant’s criminal acts. State v. Ferguson, 261 Or App 497, 323 P3d 496 (2014)
Law Review Citations
10 WLJ 187 (1974)
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