An Oregon motorist who causes the death of another person while behind the wheel may be looking at criminal charges. Depending on the circumstances, a driving-related killing can result in a criminally negligent homicide, second-degree manslaughter, first-degree manslaughter, or aggravated vehicular homicide conviction.
This article explains how Oregon defines these offenses and the consequences of a conviction.
Oregon has several classifications of criminal driving-related killings. Below we explain how each type is defined.
A motorist who causes the death of another person while driving in a "criminally negligent" manner can be charged with criminally negligent homicide. Basically, a person acts with criminal negligence by unknowingly doing or failing to do something that creates a substantial risk to others. The person's action or inaction must amount to a "gross deviation" from what a reasonable person would do under like circumstances.
A motorist can be convicted of second-degree manslaughter for killing another person while driving in a reckless manner. Basically, a person acts recklessly by knowingly doing or failing to do something that creates a substantial risk to others. In other words, the person is aware of but disregards the dangerousness of the conduct. The person's action or inaction must amount to a gross deviation from what a reasonable person would do under like circumstances.
A motorist can be convicted of first-degree manslaughter for killing another person while:
In other words, a person can be convicted of first-degree manslaughter under either of these two definitions.
A motorist can be convicted of aggravated vehicular homicide for causing the death of another person while in violation of the state's DUII laws if the driver:
Aggravated vehicular homicide is the most serious of driving-related killings.
The specific consequences of a driving-related killing depend on the circumstances. However, the possible penalties for each type of offense are described below.
Criminally negligent homicide is a class B felony. A convicted motorist is typically looking at 35 to 40 months in prison and up to $250,000 in fines. However, for DUI-related offenses, the prison time generally ranges from 61 to 65 months.
Second-degree manslaughter is a class B felony. A convicted motorist is typically looking at 35 to 40 months in prison and up to $250,000 in fines. However, for DUI-related offenses, the prison time generally ranges from 61 to 65 months.
First-degree manslaughter is a class A felony. A convicted motorist is typically looking at 121 to 130 months in prison and up to $375,000 in fines.
Aggravated vehicular homicide is a class A felony. A convicted motorist is typically looking at 121 to 130 months in prison and up to $375,000 in fines.
The consequences of killing another person while driving can be serious. If you've been arrested for a driving-related killing—or any other crime—get in contact with a criminal defense attorney right away. The facts of every case are different. An experienced defense attorney can explain how the law applies to the facts of your case and help you decide on the best plan of action.