A: The minimum sentence for murder in Oregon is 25 years without parole for second-degree murder and 30 years without parole for first-degree murder. For certain aggravated murder charges, the minimum sentence may be life in prison without parole. Ultimately, it is advantageous to consult your lawyer to determine the minimum sentence for your specific charges.
Salem Murder Lawyer
Salem Murder Attorney
Murder is probably one of the most serious charges a person can face. Therefore, if you are facing murder charges, you should quickly enlist the aid of a Salem murder lawyer. Whether you are wrongly accused or made a costly mistake, hiring a lawyer may be the difference between a lengthy prison sentence and freedom.
At the Law Office of Amy L. Bingham, we have over 14 years of experience in representing clients accused of a variety of crimes. We do not shy away from high-stakes criminal cases. Instead, we fiercely advocate for the rights of our clients. We understand that the criminal justice system may not always be on your side, so you can count on us to represent and defend you.
What Is the Definition of Murder in Oregon?
In 2023, there were 10 reported homicides in Salem, which is the most the city has seen since 2009, according to a Salem Police Department Crime Statistics report. While there were no specific statistics for murder, this offense is a form of homicide, along with manslaughter, criminally negligent homicide, and aggravated vehicular homicide. Of each of these forms of homicide, murder is the most serious.
In Oregon, murder is a complex charge and may be sentenced as aggravated murder, in the first degree, or in the second degree. Moreover, sentencing for the crime varies, depending on the victim and whether there were previous convictions. Aggravated murder, as defined in ORS 163.095, occurs when a person:
- Intentionally commits the premeditated criminal homicide of two or more people, with the purpose of threatening, coercing, or intimidating a civilian population or influencing government policy
- Commits murder in the second degree while confined or in police custody
- Has a previous homicide conviction
- Commits premeditated murder against a child under 14, a law enforcement officer, a parole officer, or a probation officer while executing their duties
Murder in the first degree is complex and hinges on the intent of the crime, who the victims were, and how many victims there were. Specifically, first-degree murder involves:
- Murder for hire
- Soliciting a murder for hire
- Aggravated murder if the defendant has a prior homicide conviction
- Murdering more than one victim
- Murder involving maiming or torturing
- Intentionally murdering a victim under 14 years old
- Murdering an officer in the criminal justice system while they were executing their duties, such as a police officer or a parole officer
- Committing murder while in police custody or confined in prison or jail
Second-degree murder is the least severe murder offense. While there may be intent, second-degree murder may involve murdering someone:
- While under emotional distress
- While committing a separate crime, like arson or burglary
- As a result of abusing a person under 14 years old
There are several affirmative defenses or justifications for second-degree murder, such as not being armed, not being the only person involved, and being a result of emotional distress.
What Are the Penalties for Murder in Oregon?
Like other forms of homicide, the penalties for murder depend on the severity of the crime and whether it is aggravated, first-degree, or second-degree murder. Generally, the penalty for murder is 30 years to life imprisonment without parole or the death penalty. However, defendants may serve a minimum sentence of 25 years in prison if it is second-degree murder. While prison is the main sentence for murder, the offender may also have to pay up to $500,000 in fines
What Are Some of the Other Consequences of a Murder Charge?
In addition to potentially spending your life in prison, you may face other serious consequences if you are accused, charged, and/or convicted of murder. First, murder charges appear on your permanent criminal record. This could impact your ability to secure employment, housing, and educational opportunities. You could also lose certain constitutional rights, like the right to vote and bear arms.
FAQs
Q: How Much Does a Criminal Lawyer Cost in Oregon?
A: The cost of a criminal lawyer in Oregon varies, as it depends on factors such as the location of the law firm, your lawyer’s skill and experience, and the specifics of your case. Typically, firms in locations with a high cost of living may be more expensive. The median household income in Salem, for example, is $71,900, which is a bit higher than average. Moreover, if your case is complex and requires more billable hours, your fees may be higher.
Q: Is Murder the Same as Homicide?
A: In short, yes; murder is a form of homicide, but homicide is not the complete definition of murder. Murder is the most severe type of homicide, as it involves intentionally killing another person or committing premeditated homicide. Premeditation means a person planned or plotted the murder beforehand and deliberately carried it out.
Q: What Is the Statute of Limitations on Murder in Oregon?
A: There is no statute of limitations for murder in Oregon, according to ORS 131.125. This means you may be prosecuted for murder at any time after the crime was committed, whether it was five days since, five years since, or 50 years since. This rule applies to all forms of murder as well as manslaughter.
Consult an Experienced Salem Murder Lawyer Today
If you are charged with murder, you may be understandably overwhelmed and afraid. Murder comes with severe penalties. Fortunately, the Law Office of Amy L. Bingham can investigate your charges, negotiate with prosecutors, and fight tirelessly in court to seek the most optimal outcome for your case. Do not hesitate to contact us for a consultation to learn how we can serve you.
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