135.703 Crimes
subject to being compromised; exceptions. (1) When a defendant is charged with a crime
punishable as a misdemeanor for which the person injured by the act
constituting the crime has a remedy by a civil action, the crime may be
compromised, as provided in ORS 135.705, except when it was committed:
(a) By or upon a
peace officer while in the execution of the duties of office;
(b) Riotously;
(c) With an
intent to commit a crime punishable only as a felony; or
(d) By one family
or household member upon another family or household member, as defined in ORS
107.705, or by a person upon an elderly person or a person with a disability as
defined in ORS 124.005 and the crime was:
(A) Assault in
the fourth degree under ORS 163.160;
(B) Assault in
the third degree under ORS 163.165;
(C) Menacing
under ORS 163.190;
(D) Recklessly
endangering another person under ORS 163.195;
(E) Harassment
under ORS 166.065; or
(F) Strangulation
under ORS 163.187.
(2)
Notwithstanding subsection (1) of this section, when a defendant is charged
with violating ORS 811.700, the crime may be compromised as provided in ORS
135.705. [Formerly 134.010; 1991 c.938 §1; 1995 c.657 §21; 1995 c.666 §26; 1999
c.738 §9; 2003 c.264 §9; 2003 c.577 §5; 2007 c.70 §35]
Notes of Decisions
Cited in
34
cases (
8 in the last 5 years), 1974–2026 · leading case:
State v. Aguilera, 526 P.3d 1206 (Or. Ct. App. 2023).
State v. Aguilera, 526 P.3d 1206 (Or. Ct. App. 2023).
· cites it 33× “On appeal, the state argues that the trial court erred by dismissing defendant’s charges, because they do not con- stitute crimes “punishable as a misdemeanor,” as required for civil compromise under ORS 135.703. Held: By using the phrase “charged with a crime punishable as a…”
State v. Langley, 424 P.3d 688 (Or. 2018).
· cites it 2× “" In Orians -a mandamus matter involving the civil compromise provisions of ORS 135.703 to 135.709 10 -we held **522 that a judicial promise had been so directly given as to be incapable of rescission, despite the fact that it had not been entered on the case register.”
State v. Bilbao, 549 P.3d 593 (Or. Ct. App. 2024).
· cites it 8× “In his only assignment of error, he argues that the trial court erred by denying his motion to dismiss the charge pursuant to a civil compro- mise under ORS 135.703 and ORS 135.705. We reverse and remand for further proceedings consistent with this opinion.”
Application of Haynes, 619 P.2d 632 (Or. 1980).
· cites it 2× “The law does not leave a court discretion to release a defendant charged with murder when the proof of guilt is "evident or the presumption strong," nor to deny release when the proof, though sufficient to go to trial, falls below this standard. Compare ORS 135.”
State v. Sumerlin, 913 P.2d 340 (Or. Ct. App. 1996).
· cites it 2× “ORS 135.703 et seq are related provisions here.”
State v. Dugger, 698 P.2d 491 (Or. Ct. App. 1985).
· cites it 4× “He entered into a civil compromise with the store’s management pursuant to ORS 135.703 et seq., and the trial court dismissed the charge.”
State v. Binh Thi Thanh Ha, 728 P.2d 932 (Or. Ct. App. 1986).
· cites it 6× “She moved to dismiss the charge on the ground that her payment to the store “represents a civil compromise” under ORS 135.703 to 135.709. The trial judge agreed and exercised his discretion to dismiss the charge.”
State v. Bayliss, 546 P.3d 298 (Or. Ct. App. 2024).
· cites it 13× “Second, if it does have the authority, it must exercise its discretion to decide whether to accept the proposed compromise and dismiss the charge.”
State v. Ferguson, 323 P.3d 496 (Or. Ct. App. 2014).
· cites it 8× “After the employer acknowledged that he had received satisfaction for his injuries, defendant moved to dismiss the charges pursuant to ORS 135.703 to 135.709, which allow dismissal of criminal charges after civil compromise with “the person injured by the act constituting the…”
In Re Complaint as to the Conduct of Boothe, 740 P.2d 785 (Or. 1987).
“9 The accused analogizes his conduct to a civil compromise in certain criminal cases, see ORS 135.703 to 135.709, and to settlements in civil cases.”
State v. Johnsen, 962 P.2d 689 (Or. 1998).
· cites it 3× “875 is “satisfaction for the injury” for the purpose of ORS 135.703 et seq. (civil compromise statutes).”
State v. Johnsen, 945 P.2d 1064 (Or. Ct. App. 1997).
· cites it 3× “4 Pursuant to the civil compromise statutes, ORS 135.703 to 135.709, trial courts may dismiss criminal charges upon sufficient proof of a civil compromise.”
— Or. Rev. Stat. § 135.703(1) — 4 cases
State v. Johnsen, 962 P.2d 689 (Or. 1998).
“875 is “satisfaction for the injury” for the purpose of ORS 135.703 et seq. (civil compromise statutes).”
State v. Johnsen, 945 P.2d 1064 (Or. Ct. App. 1997).
“4 Pursuant to the civil compromise statutes, ORS 135.703 to 135.709, trial courts may dismiss criminal charges upon sufficient proof of a civil compromise.”
State v. Ferguson, 323 P.3d 496 (Or. Ct. App. 2014).
“After the employer acknowledged that he had received satisfaction for his injuries, defendant moved to dismiss the charges pursuant to ORS 135.703 to 135.709, which allow dismissal of criminal charges after civil compromise with “the person injured by the act constituting the…”
State v. Bayliss, 546 P.3d 298 (Or. Ct. App. 2024).
“Second, if it does have the authority, it must exercise its discretion to decide whether to accept the proposed compromise and dismiss the charge.”
— Or. Rev. Stat. § 135.703(1)(d) — 1 case
State v. Bayliss, 546 P.3d 298 (Or. Ct. App. 2024).
“Second, if it does have the authority, it must exercise its discretion to decide whether to accept the proposed compromise and dismiss the charge.”
— Or. Rev. Stat. § 135.703(d)(D) — 1 case
State v. Sumerlin, 913 P.2d 340 (Or. Ct. App. 1996).
“ORS 135.703 et seq are related provisions here.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.