Salem Criminal Defense Lawyer

Expert Salem Criminal Defense Attorney

It can be incredibly frightening to face criminal charges in Oregon. Whether this is your first criminal charge or you have had prior interactions with the criminal justice system, it is wise to be aware of the charges you are facing, the penalties potentially involved, and your rights throughout the legal process. During these difficult times, a Salem criminal defense lawyer can be vital in protecting your freedom and future.

When facing criminal charges, knowing there is a chance for steep consequences should a conviction be successful can leave you uncertain and afraid about what lies ahead. You need top-notch legal representation during this time, and a Salem criminal defense attorney at the Law Office of Amy L. Bingham can stand by you during your time of need.

A conviction on a felony or misdemeanor charge can have lasting impacts, and you need someone willing to advocate for the most favorable outcome possible in your case. Schedule your consultation for experienced and dedicated defense to protect your rights.

Crime in Salem, OR

Salem, Oregon has a more serious crime problem than most other areas, with only 6% of U.S. cities being listed as more dangerous. Annually, the city experiences about 980 violent crimes and 5,008 property crimes. These equate to rates of 5.43 and 27.76 per 1,000 residents, respectively.

Serious crimes in the area include assaults, homicides, and sexual assaults, contributing to a growing demand for skilled criminal defense attorneys in the area. Salem’s criminal justice system handles a wide range of cases, from misdemeanors to serious felonies, with defendants facing complex legal processes under Oregon’s criminal defense laws.

Common Areas of Criminal Defense

Being accused of a crime is one of the most frightening and stressful situations an individual may face. When you face criminal charges, your reputation and future can be on the line, and the key to mitigating the potential negative impact of a successful criminal conviction is to have an attorney on your side who is both knowledgeable of criminal defense laws and dedicated to your criminal case.

The criminal justice system can be confusing, so it is wise to have someone who can help you stand against several types of criminal charges. At the Law Office of Amy L. Bingham, we have experience handling the following criminal cases:

• Rape. This charge can arise when an individual allegedly engages in non-consensual sexual penetration or intercourse with an unwilling or unconscious victim. This crime usually involves some force, coercion, or violence. The penalties for this charge can be severe if a conviction is successful. Criminal defense attorney Amy L. Bingham can help defend you against such charges.
• Sexual assault. This charge can occur if an individual has allegedly committed an act or behavior of a sexual nature without the consent of the victim. Sexual assault can include a wide range of conduct or behaviors, including unwanted groping, touching, and even rape.
• Arson. This charge can occur when an individual allegedly sets fire to a property or building with intent and knowing of what their actions will cause. Arson is a serious criminal property charge and can have severe penalties if you are successfully convicted. When you hire a criminal defense lawyer from the Law Office of Amy L. Bingham, we can help you stand against these charges.
• DUI. A driving under the influence (DUI) charge can arise when an individual gets behind the wheel of a vehicle while under the influence of drugs, alcohol, or even some prescription or over-the-counter medications. You may be charged with a DUI if you are found behind the wheel of a vehicle with a blood alcohol content (BAC) of 0.08% or higher.
• Burglary. A burglary charge in Oregon occurs when someone allegedly enters a premises owned by another individual or entity unlawfully with the intent to commit a crime. These crimes are typically some version of assault or theft. Burglary is classified based on the kind of building that was entered and the exact intent behind that entry.
• Manslaughter. This charge can include voluntary and involuntary manslaughter. Charges of voluntary manslaughter arise when an individual allegedly causes the death of another due to provocation, while involuntary manslaughter typically involves an intentional death due to reckless behavior.
• Murder. Often the most severe of criminal charges, murder is the intentional killing of another person. In Oregon, this is considered a Measure 11 crime and can result in severe penalties, which can impact you for the rest of your life. Having an attorney on your side at this time is critical.

Penalties for Criminal Acts in Salem, Oregon

The penalties for criminal acts in Salem, Oregon, can vary, but any punishment can have drastic consequences on your future. The severity of the punishment is often dependent on factors such as the amount of harm done, connection to the victim, the defendant’s criminal history, and whether aggravating circumstances are present.

Oregon generally classifies crimes as misdemeanors or felonies, with different potential punishments for each. A conviction can leave you with a loss of freedom, steep financial debts, or barriers to interacting with society that inhibit you from living life to the fullest. Some potential penalties for criminal convictions may include:

• Prison or jail time. Misdemeanors can result in incarceration in the county jail, while more serious convictions like felonies can lead to lengthy prison sentences.
• Fines and restitution. Fines can be used to punish the person and dissuade them from reoffending, while restitution is designed to compensate the victim specifically.
• Probation or post-prison supervision. This can be used in place of incarceration or follow it, imposing restrictions such as travel limits, curfews, or mandatory check-ins.
• Suspension of driver’s license. Crimes such as drunk driving can lead to restricted driving privileges. This can limit your ability to travel for work, personal matters, or relocation, making you dependent on alternative methods of transportation.
• Difficulties with employment and housing. Employers and landlords often conduct background checks, and a criminal conviction can disqualify you from opportunities you may have otherwise been selected for.
• Educational and financial consequences. Those with criminal records may also be denied educational opportunities or financial options, such as enrollment in college or approval for a loan.

While a person with a criminal charge may panic when considering how their future could be affected, it’s important to remember that a charge is not a conviction. Even a charge that seemingly has a great deal of evidence behind it can be challenged and potentially overcome when you hire a criminal defense lawyer from our firm to help you.

We can pursue legal strategies, such as helping you demonstrate alibis or articulate the circumstances that may have led to the situation. With our team in your corner, it’s possible to get a reduced punishment or even get your charges dismissed.

What Should You Do Immediately After Being Charged With a Crime?

The moments after you are charged with a crime are pivotal. In these key moments, you have the ability to make your situation much worse, or potentially, much better, in terms of your chances to reduce or defeat the charge.

The first thing to do is stay calm. Many people understandably become combative—after all, hearing that you are being accused of something as serious as assault, burglary, arson, rape, or murder can elicit an emotional reaction.

However, remaining calm is crucial. This not only allows you to think clearly, but demonstrates a peaceful demeanor that can potentially be helpful in your case. Being accused doesn’t mean that you’re guilty.

Why You Should Speak Carefully and Ask for Legal Counsel

While you may have to provide basic information about your identity to an arresting officer, you should be careful not to provide any further information to them. This is because the information can be used against you.

Even if an officer comes off as friendly and seems like they’re only trying to figure the situation out, know that their job is to help secure prosecutions, and this could include trying to pressure innocent people into providing information that’s protected.

Even seemingly innocent statements can be used against you. Consider the following:

• “I wasn’t the only one there!” This implies you were there, and automatically puts you at the scene of the crime, even if there’s no other evidence on the prosecution’s side to prove it.
• “They hit me first.” Many people facing charges for violent crimes may state this to presume self-defense, but it implies a confrontation, which can give police further reason to try and question you.
• “I didn’t know whose property it was.” For property crimes, statements like this imply that you were involved in an interaction with the property, which could be taken as a partial confession.

It’s normal to be nervous and to try to plead your innocence during an arrest. However, the right strategy here is to comply politely, provide only the basic information about your identity, and request a lawyer before providing any additional information.

Our Law Office Can Help You Protect Your Future

By requesting a lawyer from our firm, you get access to skilled legal counsel rooted in nearly two decades of experience. We can advise you on what to say, or even speak on your behalf, to help you approach your accusations carefully without putting yourself at further risk.

Even though an arrest can be terrifying, especially for criminal matters, stay calm and think clearly. Ask for a lawyer as soon as possible, and make it clear you do not consent to answer specifics about the matter you’re being arrested for until your legal counsel is present.

Our firm can support you from the moments after your arrest all the way to court. If you have a criminal case in Salem, it will likely be heard at the Marion County Circuit Court located at 100 High St. NE, Salem, OR, 97301.

FAQs

What Does a Criminal Defense Attorney Charge for Their Services?

In Oregon, each criminal defense attorney may charge different fees for their legal services. This is because there are several variables often involved in these cases that can impact the final cost analysis of your attorney fees, including the complexity and duration of your case and the experience of your attorney.

What Are Some Common Defenses for Criminal Charges in OR?

Defenses for criminal charges depend on the kind of crime with which the defendant is being charged. Common defenses used in criminal cases include acting in self-defense or the defense of others, acting under duress, being entrapped by law enforcement, the act was the result of an accident, an insanity plea, having an alibi, mistaken identity, and innocence.

What Is a Measure 11 Crime in Oregon?

A Measure 11 Crime in Oregon is a crime covered under the 1994 ballot initiative to set mandatory minimum sentences for serious offenses. These offenses include only violent crimes and serious sexual offenses. Examples include murder, attempted murder, rape, kidnapping, assault, and more. Measure 11 does not apply to drug crimes or property crimes.

What Should I Do if I Am Contacted by a Police Officer?

If you are contacted by law enforcement in connection with a crime, you have the right to remain silent and contact your attorney. Do not discuss anything with the police until your attorney is present and can protect you during questioning. Always give your name and date of birth and ask for an attorney. Do not explain or think talking to police will help you. It will not.

Hire a Criminal Defense Lawyer Today

If you have been accused of a criminal act in Salem, Oregon, there is no time to waste. The prosecution assigned to these cases takes their jobs seriously, and you need an attorney who takes the protection of your rights and freedoms with just as much gravitas.

Our trusted law firm brings over 17 years of litigation experience and has earned many positive reviews for our dedication to client outcomes. Contact the Law Office of Amy L. Bingham today to schedule an initial consultation.