By Bryan Boender, Attorney at Law
Reckless or negligent driving behaviors that cause the death of another person are criminal homicide crimes that have serious consequences under Oregon Law. Vehicular homicide cases may also result in mandatory minimum sentences under Measure 11. In all criminal homicides, the state must prove beyond a reasonable doubt that the driver had a culpable mental state and caused the death of another person.
You need an experienced criminal defense team if you or your loved one are under investigation or facing any manner of vehicular homicide charges. At Boender & Payment, Attorneys, our criminal practice team has experience defending homicide crimes. We are also experienced defending cases of drunk or drugged driving (DUII). Our firm can scale your defense team to match your case with the right expert witnesses and professional consultants. We have worked with experts in crash reconstruction, toxicology, psychopharmacology, mechanical engineering and other disciplines to challenge the state’s case and to present the best defense for our clients during negotiations or through trial.
Oregon prosecutors may charge a person with vehicular homicides in the following ways:
Aggravated vehicular homicide: A criminal homicide committed with criminal negligence, recklessly, or recklessly with extreme indifference to the value of human life by a person operating a motor vehicle while under the influence of intoxicants in violation of Oregon DUII law may be an aggravated vehicular homicide. In addition, the state also has to prove one of several prior homicide convictions and that the prior homicide was the result of driving a motor vehicle. A conviction for aggravated vehicular homicide carries a 240-month mandatory minimum sentence under Measure 11.
Manslaughter in the first degree: A criminal homicide committed recklessly with extreme indifference to the value of human life. A conviction for manslaughter in the first degree carries a 120-month mandatory minimum sentence under Measure 11.
Manslaughter in the second degree: A criminal homicide committed recklessly. A conviction for manslaughter in the second degree carries a 75-month mandatory minimum sentence under Measure 11.
Criminally negligent homicide: A criminal homicide committed with criminal negligence. A conviction for criminally negligent homicide does not carry a mandatory minimum sentence.
You need an experienced homicide defense attorney to lead your defense team in any vehicular homicide case.
Call us today to discuss a strategy that works for you. (541) 685-1288.