A: The cost for a homicide lawyer in Oregon varies widely. The specific location of the firm has a large role in determining costs, as firms in areas with a higher cost of living tend to be more expensive and vice versa. Moreover, the lawyer’s success rate and experience influence the final costs, along with the complexity of your case. Generally, though, hiring a lawyer tends to prove less costly than facing harsh penalties alone.
Salem Manslaughter Lawyer
Salem Manslaughter Attorney
Certain crimes can dramatically change your life because of their severity and the seriousness of the related penalties. Manslaughter is one of those crimes. If you are charged with manslaughter, you may believe that there is no hope; however, a skilled Salem manslaughter lawyer can take your case and work fearlessly to protect your rights.
Manslaughter is a serious crime, so it should be handled with diligence, care, and a thorough knowledge of criminal law. At the Law Office of Amy L. Bingham, we are equipped with the experience necessary to represent your case and work to obtain optimal results. We have successfully handled a broad range of criminal matters, so whether you are facing a misdemeanor or felony, we can help you with your case. Call us today to schedule a consultation.
What Constitutes Manslaughter?
Manslaughter falls under the category of criminal homicide in Oregon, and it can be charged in the first or second degree. First-degree manslaughter is a Class A felony pursuant to ORS 163.118, and it involves:
- Recklessly causing the death of another person or showing an indifference to human life
- Causing the death of another person as a result of extreme emotional duress, which is a mitigated sentence from second-degree murder
- Recklessly causing the death of a child under 14 years of age, with a pattern of torturing the victim, whether there is a previous history of neglecting or mistreating the child or not
- Recklessly causing the death of a person while driving under the influence
Second-degree manslaughter is a less serious crime. It is a Class B felony and involves:
- Recklessly causing the death of another person
- Causing another person to commit suicide or aiding in their suicide
- Negligently causing the death of a child under 14 years of age with a pattern of torturing or mistreating the victim
Difference Between Manslaughter and Murder
Oregon has a relatively low homicide rate compared to other states, with 212 homicide deaths in 2002, while Marion County had a growing rate of 3.5 per 100,000 residents for the same year. Though manslaughter is a type of homicide, many people erroneously confuse it with murder. While manslaughter involves recklessness, there is typically no element of premeditation, unlike murder, which requires intent and premeditation.
For example, if a person drinks and drives and then strikes a person with their car and kills them, this is an example of manslaughter. However, suppose the same driver created a plan to hit a person with their car to kill them. Then, they carry the plan out. This may be considered murder. In short, recklessness involves ignoring the risks and dangers inherent in an action, while premeditation involves planning or plotting actions before carrying them out.
What Is the Penalty for Manslaughter in Salem, Oregon?
The penalty for manslaughter depends on the severity of the crime and whether the charge is in the first or second degree. First-degree manslaughter is a Class A felony, punishable by up to 20 years in prison and up to $375,000 in fines. Second-degree manslaughter is a Class B felony, punishable by up to 10 years in prison and fines of up to $250,000.
What Happens If You Are Charged With Manslaughter?
Manslaughter is a criminal offense, so if you are arrested by the Salem Police Department and charged with manslaughter, you will follow the typical procedures of the Oregon criminal justice system. Generally, the steps of the process are:
- Arrest
- Arraignment
- Plea
- Pretrial hearing
- The trial
- Appeals process
It is wise to hire a lawyer immediately after your arrest, as delaying this could make your case more difficult to win. There are defenses available to you if you are charged with manslaughter, and a lawyer can identify and present them in court.
Having a skilled attorney like Amy L. Bingham by your side can make all the difference in navigating manslaughter charges, potentially reducing or dismissing them. With over 14 years of diverse legal experience, including criminal defense and civil litigation, Amy combines deep knowledge with compassionate advocacy to protect your rights every step of the way. Don’t wait—contact the Law Office of Amy L. Bingham today for a trusted, experienced lawyer dedicated to fighting for you.
FAQs
Q: Is Manslaughter or Homicide Worse?
A: Manslaughter is neither better nor worse than homicide, as manslaughter is a form of homicide, along with murder, criminally negligent homicide, and aggravated vehicular homicide. Homicide is defined as killing or causing the death of another person. Of the four types in Oregon, manslaughter is the third most serious, with criminally negligent homicide being the least severe.
Q: Do You Get Life for Manslaughter?
A: No, you typically do not get life for manslaughter in Oregon. First-degree manslaughter is a Class A felony, while second-degree manslaughter is a Class B felony. The maximum punishment for a Class A felony in Oregon is serving up to 20 years in prison, and the top punishment for a Class B felony is serving up to 10 years in prison. Ultimately, the court and your lawyer’s skills determine your exact sentence.
Q: Is Manslaughter a Bad Charge?
A: Yes, manslaughter is a bad charge. The most serious criminal charges in Oregon, as in other states, are felonies, and manslaughter is a felony. If you are convicted of manslaughter, you could serve up to 20 years in prison, depending on your crime, and pay up to $375,000 in fines. Moreover, manslaughter may appear on your permanent criminal record, impeding your ability to obtain employment, housing, and other opportunities.
A Lawyer Who Can Advocate for Your Rights
Even if you commit a serious crime like manslaughter, you have rights. Moreover, if you have been wrongly accused, you deserve justice. The Law Office of Amy L. Bingham can work tirelessly to advocate for you, support you, and defend your rights. Contact us today to set up a consultation.
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