Criminal Defense Lawyers

Oregon Crimes: Laws & Penalties

Oregon Crimes: Laws & Penalties

Oregon has a detailed criminal code that defines various crimes and their associated penalties. Whether you’ve been charged with a crime or just want to understand the law, this guide will walk you through the key things to know about Oregon‘s criminal statutes. We’ll cover the different classifications of crimes, examples of each, potential sentences, and important related laws.

Classifications of Crimes in Oregon

Oregon divides crimes into felonies, misdemeanors, and violations:

• Felonies are the most serious offenses, punishable by prison sentences of more than one year. Felonies are further categorized into Class A, B, C felonies and unclassified felonies based on severity.
• Misdemeanors are less serious than felonies and are punishable by up to one year in county jail. Misdemeanors are classified as Class A, B, or C.
• Violations are the least serious offenses, punishable by a fine. They are not categorized into classes.

Let’s take a closer look at each of these classifications and some examples of crimes that fall under them.

Felony Classes and Sentences

Here are the different classes of felonies in Oregon and their maximum sentences:

Some examples of felony crimes by class include:

• Class A felonies: Murder, first-degree rape, first-degree arson, first-degree kidnapping
• Class B felonies: Second-degree manslaughter, first-degree burglary, delivering drugs to a minor
• Class C felonies: Third-degree robbery, second-degree assault, identity theft
• Unclassified felonies: Aggravated murder, which can carry life in prison or the death penalty

Misdemeanor Classes and Sentences

Misdemeanors in Oregon are divided into Class A, B, and C, with the following maximum jail terms and fines

Some examples of misdemeanor crimes include:

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2024-03-21

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2024-03-18

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2024-03-18

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2024-03-15

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2024-03-15

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2024-03-12

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2024-03-12

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2024-02-28

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2024-02-24

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• Class A misdemeanors: Theft under $1000, strangulation, giving false information to police
• Class B misdemeanors: Second-degree criminal trespass, third-degree theft
• Class C misdemeanors: Third-degree criminal mischief, unlawful possession of alcohol by a minor

Violations

Violations are punishable only by a fine, with no jail time. The presumptive fine for a violation is $250 unless otherwise specified by statute. Some common violations include:

• Many traffic offenses like speeding or running a red light
• Possession of less than one ounce of marijuana in public (fine up to $1000)
• Failing to report suspected child abuse as a mandatory reporter (fine up to $1000)

Important Related Laws

In addition to the criminal code, there are some other important Oregon laws to be aware of related to crimes and criminal procedure:

Measure 11 Mandatory Minimum Sentences

In 1994, Oregon voters passed Measure 11, which sets mandatory minimum prison sentences for certain serious felonies, including murder, rape, robbery, assault, and sex abuse. The mandatory minimums range from 5 years and 10 months for second-degree assault to 25 years for murder. Measure 11 sentences cannot be reduced for any reason.

Statute of Limitations

The statute of limitations is the time period within which criminal charges must be filed after a crime occurs. In Oregon, there is no statute of limitations for murder, attempted murder, or manslaughter. Other major felonies like rape and sex abuse have a 12 year statute of limitations, or until the victim turns 30 if they were under 18 at the time of the crime. Most other felonies have a 3 or 6 year time limit, while misdemeanors are typically 2 years.

Expungement of Criminal Records

Some criminal convictions can be expunged (sealed) from your record after a certain amount of time has passed. Eligibility depends on the type of crime and your criminal history. Generally, most misdemeanors and Class C felonies can be expunged 3 years after you complete your sentence if you have no other convictions. Sex crimes, Class A and B felonies, and some other serious crimes can never be expunged.

Juveniles Charged as Adults

Juveniles age 15 and older who are charged with serious Measure 11 felonies like murder, rape, or robbery will automatically be prosecuted as adults. The juvenile court can also decide to waive a case to adult court for 15-17 year olds charged with any crime, depending on the seriousness of the offense and the youth’s criminal history. If convicted in adult court, juveniles face the same sentences as adults.

Practical Considerations

If you or a loved one are facing criminal charges in Oregon, here are some key things to keep in mind:

Understand the Charges

Make sure you understand exactly what crime you are charged with and whether it‘s a felony or misdemeanor. The charging document will specify the name and statutory section of the offense. Look up the law and read it carefully. The classification of the crime tells you the maximum sentence you could face if convicted.

Get an Attorney

If you are charged with a crime, especially a felony, it‘s critical to get an experienced criminal defense attorney on your side as soon as possible. Look for attorneys who have handled cases similar to yours and have a track record of success. Meet with a few different lawyers before deciding who to hire.

Consider Plea Bargains

Many criminal cases are resolved through plea bargains, where you agree to plead guilty in exchange for a lesser charge or reduced sentence. While it can be a difficult decision, pleading guilty is sometimes in your best interest if the evidence against you is strong. Your attorney can advise you on whether a plea offer is a good deal.

Be Aware of Collateral Consequences

In addition to potential jail or prison time, a criminal conviction can impact your life in many other ways. You may have difficulty finding a job or housing, lose your right to own firearms, or face deportation if you are not a U.S. citizen. Make sure to discuss all the potential consequences of a conviction with your attorney.