ORS 135.703 - Civil Compromise to Dismiss your Case
The following attorney-approved summary is accurate as of the posting of this page, but simplified. Consult with an attorney to see if this or any other procedure to avoid a conviction may apply to your case.
A civil compromise can help someone who is accused of a minor crime, generally a misdemeanor or a Class "C" felony, avoid getting a conviction. If the person who was hurt by this crime could sue the accused person in a regular court (a civil action), then the crime can sometimes be settled or dropped.
This does not require a prosecutor to agree to it, but a judge must find that it is appropriate.
This is called "compromising" the crime, and it usually involves actions (including payment of money) to the injured party in exchange for their agreement to let the criminal case be dismissed.
However, there are some exceptions where the crime cannot be settled. These exceptions are:
- When it's against a police officer who is carrying out their job duties.
- When it's done during a riot (a big, violent public disturbance).
- When the person did it planning to commit a bigger crime (a felony).
- When it's between family members or household members, or when it's against an elderly person or a person with a disability. In these cases, the crime cannot be settled if it's any of the following:
- A minor assault (Assault in the fourth degree).
- A more serious assault (Assault in the third degree).
- Threatening someone with assault (Menacing).
- Putting someone in danger without necessarily meaning to (Recklessly endangering another person).
- Harassing someone.
- Strangling someone.
There's one more special case: if the crime is a hit and run where no person was injured, then it can be settled with a compromise, regardless of the exceptions listed above.
So, in simple terms, minor crimes can sometimes be settled if the victim can sue instead, but there are important exceptions, especially when it involves family violence or certain serious actions.