It is no secret that a Murder charge is the most serious thing a person can face. The penalties can range from 120 months in prison, all the way up to the death penalty (although Oregon’s death penalty is currently in moratorium).
A person accused of such a crime is well-advised to seek out the best counsel they can find.
Edward Kroll is a former prosecutor who has experience defending violent and serious crimes. While in the Department of Justice, Mr. Kroll worked for the state to preserve Murder convictions on appeal and enforce the sentences imposed. He brings this knowledge to you, to help defend you against these serious charges.
In defending these types of charges, one of the most important things anyone can do is early intervention. Do not wait until the police have arrested you, or you are formally charged. If you are a suspect in a murder case, do not talk to the police. Nothing you say will help you. Consult with an experienced defense lawyer. We will begin our investigation immediately, before you are charged, to start building the best defense we can. If we are able to gather favorable evidence and present it to the state, it could result in a lesser charge, or in a perfect situation, no charges at all being filed.If any charges are filed, regardless of the nature, we will continue with our investigation, and will consider consulting with and retaining expert witnesses to assist us. These can include psychologists, accident reconstructionists, ballistic experts, and more.
Throughout the whole process, your life is our highest priority. All of our team’s resources will be focused on your case, and we will pursue an aggressive defense in every stage of the process.
Under Ballot Measure 11, Murder and Manslaughter charges carry mandatory minimum sentences that cannot be reduced. A juvenile charged with Murder will likely be tried as an adult. Murder is punishable by life in prison, with no possibility of parole for at least 25 years. Murder is charged when a person is unlawfully killed, and the person’s death was planned or intentional.However, even if the death was not intentional, you can still be charged with Murder if the death occurred during another felony, such as a Robbery, Kidnapping, or Assault.
Under certain situations, Murder can be enhanced to Aggravated Murder. If one is convicted of Aggravated Murder, the penalties are severe: you can face the death penalty, “true life” (in other words, life without the possibility of parole), or life with the possibility of parole in no less than 25 years. Aggravated Murder can take many forms, but some of the more common are if the deceased was a police officer in the line of duty, if the actor paid someone or was paid to commit the murder (“murder for hire”), or the deceased was under 14.
Manslaughter in the 1st Degree (Man I) is charged when the actor causes the death of another person while acting recklessly and with an extreme indifference to the value of human life. It need not be intentional. Man I is punishable by 10 years in prison, under Measure 11. However, an intentional killing may be reduced to Man I if, at the time, the actor was under “extreme emotional distress.” A common example is if a spouse comes home to find the other spouse in bed with another person, and the spouse then kills someone. The killing is still intentional, but it is somewhat mitigated by the surrounding circumstances.In pursuing an extreme emotional distress defense, the use of expert witnesses, especially psychologists or memory experts is strongly advised.
Manslaughter in the 2nd Degree (Man II) occurs in several forms. The death can be caused during a reckless act. Helping or causing another to commit suicide can suffice. Finally, any criminal negligence that causes the death of a dependent person or a child under 14 years old falls in this category. Man II is punishable by 75 months in prison.
Edward Kroll knows how to defend Measure 11 Murder and Manslaughter cases, and he knows how prosecutors prepare their cases for trial. Most importantly, he knows how serious and potentially devastating these charges can be. Contact Portland Measure 11 defense attorney Edward Kroll today for a free and confidential consultation, so we can begin planning your defense.