135.705
Satisfaction of injured person; dismissal of charges. (1)(a) If the person injured
acknowledges in writing, at any time before trial on an accusatory instrument
for the crime, that the person has received satisfaction for the injury, the
court may, in its discretion, on payment of the costs and expenses incurred,
enter a judgment dismissing the accusatory instrument.
(b) For purposes
of paragraph (a) of this subsection, a written acknowledgment that a civil
penalty under ORS 30.875 has been paid is not evidence that the person injured
has received full satisfaction for the injury and is not a compromise under
this section.
(2) As used in
this section, “costs” includes those expenses specially incurred by the state
in prosecuting the defendant, including costs under ORS 151.505 for the
compensation of counsel appointed pursuant to ORS 135.045 or 135.050 and fees
and expenses paid under ORS 135.055. [Formerly 134.020; 1981 s.s. c.3 §121;
1985 c.540 §34; 1985 c.710 §4; 1987 c.803 §25; 1999 c.925 §1; 2003 c.449 §28;
2009 c.484 §9]
Notes of Decisions
Cited in
24
cases (
7 in the last 5 years), 1974–2026 · leading case:
State v. Bilbao, 549 P.3d 593 (Or. Ct. App. 2024).
State v. Bilbao, 549 P.3d 593 (Or. Ct. App. 2024).
· cites it 29× “703 and ORS 135.705. We reverse and remand for further proceedings consistent with this opinion.”
State v. Binh Thi Thanh Ha, 728 P.2d 932 (Or. Ct. App. 1986).
· cites it 7× “703 provides: “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 [with exceptions not material here].”
State v. Langley, 424 P.3d 688 (Or. 2018).
“Specifically, ORS 135.705(1)(a) provides: "If the person injured acknowledges in writing, at any time before trial on an accusatory instrument for the crime, that the person has received satisfaction for the injury, the court may, in its discretion, *** enter a judgment…”
State v. Orians, 66 P.3d 468 (Or. 2003).
· cites it 5× “In this mandamus proceeding, relator, a defendant in a criminal proceeding, asks this court to compel the trial judge to dismiss an indictment pursuant to a civil compromise under ORS 135.705, set out below. Relator argues that the trial judge had agreed that she would dismiss…”
State v. Johnsen, 962 P.2d 689 (Or. 1998).
· cites it 5× “703(1) provides, in part: “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 * * * » ORS 135.705(1)…”
State v. Johnsen, 945 P.2d 1064 (Or. Ct. App. 1997).
· cites it 4× “703(1) provides, in part: “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 maybe compromised, as provided in ORS 135.705[.]” ORS 135.705(1) provides: “If…”
State v. Ferguson, 323 P.3d 496 (Or. Ct. App. 2014).
· cites it 5× “703(1) provides: “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 civil action, the crime may be compromised, as provided in ORS 135.705 [.]” ORS 135.705(1)(a), in turn, provides:…”
State v. Dugger, 698 P.2d 491 (Or. Ct. App. 1985).
“703 provides: “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: “(1) By or…”
Wells v. Paulus, 675 P.2d 482 (Or. 1984).
“An amendment to ORS 135.705 would require the district attorney’s approval to the dismissal of a charge after a civil compromise.”
State v. Dumond, 530 P.2d 32 (Or. 1974).
“” ② “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: “(1) By or upon a…”
State v. Bilbao (Or. Ct. App. 2024).
· cites it 30× “703 and ORS 135.705. We reverse and remand for further proceedings consistent with this opinion.”
Koch v. State, 288 P.3d 582 (Or. Ct. App. 2012).
“ORS 135.705. However, the victim indicated that she was opposed to such a compromise.”
— Or. Rev. Stat. § 135.705(1) — 7 cases
State v. Bilbao, 549 P.3d 593 (Or. Ct. App. 2024).
“703 and ORS 135.705. We reverse and remand for further proceedings consistent with this opinion.”
State v. Binh Thi Thanh Ha, 728 P.2d 932 (Or. Ct. App. 1986).
“703 provides: “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 [with exceptions not material here].”
State v. Johnsen, 962 P.2d 689 (Or. 1998).
“703(1) provides, in part: “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 * * * » ORS 135.705(1)…”
State v. Johnsen, 945 P.2d 1064 (Or. Ct. App. 1997).
“703(1) provides, in part: “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 maybe compromised, as provided in ORS 135.705[.]” ORS 135.705(1) provides: “If…”
— Or. Rev. Stat. § 135.705(1)(a) — 9 cases
State v. Langley, 424 P.3d 688 (Or. 2018).
“Specifically, ORS 135.705(1)(a) provides: "If the person injured acknowledges in writing, at any time before trial on an accusatory instrument for the crime, that the person has received satisfaction for the injury, the court may, in its discretion, *** enter a judgment…”
State v. Bilbao, 549 P.3d 593 (Or. Ct. App. 2024).
“703 and ORS 135.705. We reverse and remand for further proceedings consistent with this opinion.”
State v. Orians, 66 P.3d 468 (Or. 2003).
“In this mandamus proceeding, relator, a defendant in a criminal proceeding, asks this court to compel the trial judge to dismiss an indictment pursuant to a civil compromise under ORS 135.705, set out below. Relator argues that the trial judge had agreed that she would dismiss…”
State v. Ferguson, 323 P.3d 496 (Or. Ct. App. 2014).
“703(1) provides: “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 civil action, the crime may be compromised, as provided in ORS 135.705 [.]” ORS 135.705(1)(a), in turn, provides:…”
— Or. Rev. Stat. § 135.705(1)(b) — 3 cases
State v. Bilbao, 549 P.3d 593 (Or. Ct. App. 2024).
“703 and ORS 135.705. We reverse and remand for further proceedings consistent with this opinion.”
State v. Bilbao (Or. Ct. App. 2024).
“703 and ORS 135.705. We reverse and remand for further proceedings consistent with this opinion.”
— Or. Rev. Stat. § 135.705(2) — 1 case
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