Oregon Manslaughter Laws

In criminal law, murder is the intentional killing of a human being by another person. Manslaughter consists of the death of a human caused by another human through recklessness or criminal negligence.

In Oregon, manslaughter is one of four degrees of criminal homicide. The state recognizes two degrees of manslaughter and the related charge of criminally negligent homicide. In this article, we’ll explain the elements of these charges and their accompanying penalties. The stakes are high in an Oregon manslaughter case, so it’s best to consult a local criminal defense attorney if you’re currently facing charges.

How Oregon Defines Manslaughter

Under Oregon law, manslaughter refers to causing another person’s death recklessly or negligently, without intending a death to occur. Under these statutes, recklessness means a conscious awareness of an extreme risk to human life and safety. The defendant must display a disregard of the risk beyond that which a reasonable person would display.

For example, someone who drives at high speed in the rain knows that there is a risk of causing an accident. A reasonable person would weigh the need to do so (for instance, an emergency requiring a rapid response) versus the need to drive safely.

There are three different charges that can be brought related to a death by manslaughter. Let’s take a look at each of them.

First-Degree Manslaughter

Under the Oregon Revised Statutes, first-degree manslaughter means causing another person’s death in a manner that shows extreme indifference to the value of human life.

Defendants can plead not guilty to a charge of murder with an affirmative defense of intentional homicide under extreme emotional disturbance. This reduces the offense to first-degree manslaughter.

First-degree manslaughter also includes:

• Causing the death of a child under 14 years of age through neglect or maltreatment, with prior incidents of assault or torture
• Causing the unlawful death of a dependent person through neglect, maltreatment, assault, or torture
• Causing the death of a person while operating a motor vehicle under the influence of intoxicants, with three or more previous convictions for DUI in the past ten years

Second-Degree Manslaughter

Second-degree manslaughter is causing a death through recklessness, but without the extreme indifference or wanton disregard for human life of first-degree manslaughter.

Second-degree manslaughter can include:

• Causing or aiding another person to commit suicide
• Causing the death of a child under 14 or a dependent person with criminal negligence, through neglect or maltreatment, with a prior incident of assault or torture of the same or another victim

Criminally Negligent Homicide

Criminally negligent homicide means causing the death of another person through criminal negligence. The defendant knows there is a “substantial and unjustified risk” in their actions but fails to perceive it.

A death caused as a result of driving under the influence (DUI) can be charged as criminally negligent homicide. However, if the driver has a prior conviction for DUI and causes a fatality, the charge can be elevated to aggravated vehicular homicide.

Penalties

In 1994, Oregon voters passed Ballot Measure 11, which established minimum sentencing guidelines for certain crimes. This means that a judge cannot hand down a lesser sentence, regardless of the circumstances. Measure 11 applies to all defendants aged 15 and older.

• First-degree manslaughter is a Class A felony and a Measure 11 crime, with a mandatory minimum sentence of 20 years, a minimum of 10 years before a possibility of parole or work release, and the possibility of a fine of up to $375,000
• Second-degree manslaughter is a Class B felony with a prison sentence of between six to 10 years, a fine of up to $250,000, or both
• Criminally negligent homicide is a Class C felony punishable by up to five years in prison and up to $125,000 in fines
• Aggravated vehicular homicide is a Class A felony with the same sentence as first-degree manslaughter

Criminally negligent homicide and vehicular homicide are not included in Measure 11 mandatory minimum sentencing guidelines. Part of a defense strategy may include pleading guilty to these lesser offenses to avoid the strict minimums. It’s highly unusual to receive a life imprisonment sentence for a manslaughter conviction.

Possible Defenses

Several defenses may apply to manslaughter charges in Oregon. It depends on the specific circumstances of the case. Common defenses include:

• Self-defense or defense of others: If the defendant used reasonable force to protect themselves or another person from imminent harm, and the death was unintentional, this may provide a complete defense or reduce the charges
• Lack of recklessness or criminal negligence: The prosecution must prove the defendant acted recklessly or with criminal negligence, with true accidents often failing to meet the required threshold for a manslaughter charge
• Causation challenges: The defendant’s actions did not actually cause the victim’s death, or an intervening cause was responsible

Defense attorneys may also challenge the prosecution’s evidence, argue that constitutional rights were violated during investigation or arrest, or demonstrate that the prosecution has not proven guilt beyond a reasonable doubt. The consequences of a manslaughter conviction are severe. Working with an experienced criminal defense attorney can be a huge help.

Get Legal Advice From an Oregon Criminal Defense Attorney

Criminal homicide is the most serious of Oregon‘s criminal charges. If you face manslaughter charges or other criminal charges, it’s a good idea to seek legal advice from an Oregon criminal defense lawyer. They can explain your options, negotiate with prosecutors, and protect your constitutional rights.