If you hurt or attempt to hurt someone, that's a person crime. Sometimes the crime is unavoidable, like when someone is about to attack you, or you're trying to defend your self or other people from an attack. Just because self defense, defense of others, or defense of property may apply to your case, doesn't mean the District Attorney still won't accuse you, or prevent you from seeing family members (in a domestic violence case).


  One way to get some assaults or other person crimes dismissed is with a Civil Compromise. A civil compromise is a complex set of documents we prepare between you and the complaining party. In exchange for you doing something for them, such as a letter of apology or paying for damages, they agree to dismiss the case.


  Many people believe, in error, that if they contact the victim of an assault they can try to convince them not to come to court, or try to work things out on their own. This is the worst thing for you to do. It can land you in custody, result in new charges, and enhance a sentence if you're later convicted. Because of "no contact" orders or release conditions forbidding you from having contact with the complaining witnesses or so called "victims", you definitely don't want to violate the court's order which could effect your release agreement or lead to a new charge of Witness Tampering. Instead, we contact them; listen to what they'd like to see happen in the case. Then we review the terms with you to see if you're agreeable. This is one great way to minimize the consequences in an assault or other person crime, and can sometimes lead to a Civil Compromise too. If the case is eligible for a Civil Compromise, we prepare the civil compromise motions, orders, affidavits, and releases; have the victim sign off, and put the matter before the court with an eye towards dismissal. Domestic violence cases are not eligible for a civil compromise.


  Most counties have a Domestic Violence deferred sentencing program. Typically the program addresses assault IV, and other minor misdemeanors such as harassment. If your charge qualifies for the program, we can enroll you by setting up the date, by preparing the necessary paperwork and by representing you throughout the duration of the program. When you finish the program your case will be dismissed and you'll likely be eligible for expungement. You'll participate in anger counseling and abide by other conditions in the program. It's a carrot and stick thing. On completion of the program, case dismissed; otherwise you go to jail, typically for no more than about 20 to 30 days. Many people don't like the deferred sentencing program because it means they have to admit guilt.


  We want to talk to your witnesses, photograph the scene of the crime, do a background check on the victim, and look for ways to corroborate your version of the facts. We get the police reports from the District Attorneys office, and if necessary, get court orders to obtain photographs of any injuries to the victim or you. We also want to get a hold of the victim and find out their version of what happened. We often win these cases because the physical evidence simply doesn't match the victim's "story." Sometimes there's no injury at all but only a hidden motive. So many of these cases begin with a lie-- the victim is mad, uninjured, and they over react to the point of calling the police or even inflicting their own scratches and other injuries.


  Many people think that the case will be dismissed if the victim just talks to the District Attorney. Once the case is initiated, the District Attorney is frankly not interested in dismissing the case. They consider these cases serious violation of the public trust and aim for conviction since they are often so emotionally charged and politically incorrect. They often think, if the victim is trying to get the case dismissed, the defendant must be forcing them to do this. They'll also often tell the victim, if you are asking us to dismiss this case because you lied, we're charge you with initiating a false report. Most victims back down at that point, even if it's morally reprehensible.


  While you have the right to cross examine witnesses and confront the evidence against you, sometimes the case goes forward, even when the victim doesn't show up. How is this possible? If you made statements to the police that implicate your actions, or other people saw the fight, or there were so called "excited utterances" made by the victim, the case could still go forward. Often the prosecutor argues that the reason the victim isn't in court is because you intimidated them from coming. Fortunately there are legal challenges that can be made to prevent some of this evidence from being admitted and it may still be possible-but not always--to get the case dismissed.

Assault IV(M)
Assault IV(F)
Assault III
Assault II
Assault I
Strangulation
Menacing
Reckless endangering
Criminal mistreatment I
Assault of a Public Safety Officer (Assaulting a police officer)
Child Neglect II
Child Neglect I
Endangering welfare of minor
Stalking
Violating stalking order
Robbery III
Disorderly conduct.
Harassment.
Telephonic harassment

Are you charged with a persons crime? Let's talk.

Kahn & Ifversen Attorneys, L.L.P.
The initial telephone consultation is free
503 241-4105

Kahn and Ifversen Attorneys are criminal defense lawyers who care about what happens to their clients. We've been protecting good people in trouble for over 17 years. Our law firm emphasizes:

Ballot Measure 11 felonies, appeals, criminal record expungements, theft crimes, traffic crimes, DUII / DWI, assault crimes, drug crimes, DMV hearings, and other felony crimes and misdemeanors.

We practice criminal law throughout Oregon and primarily in the following geographic areas: Multnomah County, Washington County, Clackamas County, Hood River County, Columbia County, Tillamook County, Marion County, Deschutes County, Lane County, Yamhill County, Columbia County, Benton County, and Linn County. Our criminal defense law firm is located in downtown Portland, Oregon.