Criminal Defense

​If you have been charged with a criminal offense, go to court knowing your rights, your options, and your defenses.

Felonies

A crime is designated as a felony by state statutes. A felony conviction carries a term of imprisonment of more than one year. 

For the purpose of sentencing, felonies are classified into four categories:

• Class A felony,
• Class B felony,
• Class C felony, and
• Unclassified felony

Terms of imprisonment or probation for felonies are determined by guidelines set forth on a sentencing grid. The maximum, indeterminate sentences and fines for felony convictions are:

• For murder or aggravated murder, 20 years and a $500,000 fine.
• For a Class A felony, 20 years in prison and a $375,000 fine.
• For a Class B felony, 10 years in prison and a $250,000 fine.
• For a Class C felony, 5 years in prison and a $125,000 fine.
• For an unclassified felony, as provided by statute.

Misdemeanors

A crime is a misdemeanor if it is designated as such in any Oregon statute or if a person convicted may be sentenced to a maximum term of imprisonment of not more than one year.
 
Misdemeanors are classified into four categories:

• Class A misdemeanor,
• Class B misdemeanor,
• Class C misdemeanor, and
• Unclassified misdemeanor.

The court is required to impose sentences for misdemeanors for a definite term. A term of imprisonment and a fine will be imposed. The maximum penalties are:

• ​For a Class A misdemeanor, up to 364 days and a fine of up to $6,250,
• For a Class B misdemeanor, up to 6 months in jail and a fine of up to $2,500,
• For a Class C misdemeanor, up to 30 days and a fine of up to $1,000, and
• For an unclassified misdemeanor, as provided by statute.

Assault

A person commits the crime of assault in the fourth degree if the person causes physical injury to another intentionally, knowingly, or recklessly, or  causes physical injury to another with criminal negligence by means of a deadly weapon, or causes serious physical injury to another by means of a motor vehicle, with criminal negligence.

Assault in the first degree is a Class A felony. A person commits this crime if the person intentionally causes serious physical injury to another by means of a deadly or dangerous weapon, or intentionally or knowingly causes serious physical injury to a child under six years of age.

A person may be charged with assault in the first degree if a person who is operating a motor vehicle under the influence of intoxicants knowingly or recklessly causes serious physical injury to another and the person has at least three previous convictions for driving while under the influence of intoxicants in the previous 10 years.

Assault in the first degree may be charged if a person commits the crime of assault in the second degree knowing that the victim is pregnant.

​Assault in the second degree is a Class B felony. A person commits this crime if the person intentionally or knowingly causes serious physical injury to another, or intentionally or knowingly causes physical injury to another by means of a deadly or dangerous weapon, or recklessly causes serious physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life.

Assault in the third degree is a Class C felony. A person commits this crime if the person recklessly causes serious physical injury to another person by means of a deadly or dangerous weapon, or recklessly causes serious physical injury to another person under circumstances manifesting extreme indifference to the value of human life, or recklessly causes physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life.

Assault in the fourth degree is a Class A misdemeanor. However, assault in the fourth degree may be charged as a Class C felony if the assault is committed in the presence of a child, or if there is a previous conviction that involves the same victim, or if there are three prior convictions for assault, or if the victim is pregnant.

Harassment

The crime of harassment may be charged if a person intentionally harasses or annoys another person by subjecting the other person to offensive physical contact or publicly insulting another person by abusive words or gestures in a manner likely to provoke a violent response.

Harassment is a Class B misdemeanor.

Harassment may be charged as a Class A misdemeanor in a number of circumstances, including touching the sexual or other intimate parts of the other person, or threatening to kill  another person or any member of the other person's family.

Criminal Mischief

A charge of criminal mischief in the first degree may be brought if a person causes damage to the property of another in an amount over $1,000.

Criminal mischief in the first degree is a Class C felony.

A person may be charged with the crime of criminal mischief in the second degree if the person intentionally or recklessly tampers or interferes with property of another and causes damage in an amount more than $500. Criminal mischief in the second degree is a Class A misdemeanor. 
 
A person may be charged with the crime of criminal mischief in the third degree if the person interferes with property of another.

Criminal mischief in the third degree is a Class C misdemeanor. 

Note: The offenses listed here, and their descriptions, are not a complete statement of the law. This list is presented only as a general overview of various criminal offenses. This information is not legal advice and should not be construed to be legal advice. For reliable legal authority, consult the Oregon Revised Statutes. To review and analyze the law and the facts of any particular case, contact an attorney.

DUI

A person may be charged with the offense of driving while under the influence of intoxicants (DUII) where a person drives a vehicle with a blood alcohol contant of 0.08 percent or more, as shown by a chemical test of the person's breath or blood.

DUII may also be charged where a person has less than 0.08 percent alcohol in the blood, if a person is shown to be "under the influence" of liquor, cannabis, a controlled substance or an inhalant.

Police also arrest or cite drivers for DUI where they suspect a person was driving under the influence of cannabis.

Generally, the crime of driving while under the influence of intoxicants is a Class A misdemeanor. However, driving under the influence of intoxicants is a Class C felony if the person charged has been convicted three times in the 10 years prior to the current offense.

Conviction of a felony DUII results in a minimum jail sentence, a fine, and a lifetime driver's license revocation. 

Reckless Driving

Reckless driving may be charged if a the person drives a vehicle in a manner that endangers the safety of persons or property.

Reckless driving is a Class A misdemeanor.

Possession, Manufacture, or Delivery of Marijuana

Possession

In Oregon, it is unlawful for any person older than 21 years old who does not have a license issued by the state to knowingly or intentionally possess:

• More than one ounce of usable marijuana in a public place.
• More than four marijuana plants in a household at any time.
• More than eight ounces of usable marijuana at any time.
• More than 16 ounces of cannabinoid products in solid form and kept at a person's household at any time.
• More than 72 ounces of cannabinoid products in liquid form kept at the person's household at any time.
• More than 16 ounces of cannabinoid concentrates kept at at the person's household at any time.
• More than one ounce of cannabinoid extracts purchased from a licensed marijuana retailer or  a registered medical marijuana dispensary kept at the person's household at any time.

The law also prohibits delivery of more than one ounce of marijuana, 16 ounces on cannabinoid products in solid form, 72 ounces of cannabinoid products in liquid form, or 16 ounces of cannabinoid concentrates.

Unlawful possession of a marijuana item may be charged as a Class B violation, a Class B misdemeanor, or a Class C felony, depending on amounts.

Manufacture

Manufacture of a marijuana item may be charged as a Class B misdemeanor, a Class A misdemeanor, or a Class C felony, depending on amounts.

Delivery

It is generally against the law for a person to deliver a marijuana item.
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Delivery is a Class B misdemeanor, a Class A misdemeanor, or a Class C felony, depending on amounts.

Weapons Offenses

​A person who negligently wounds another person with a bullet or shot from any firearm, or with an arrow from any bow, commits a Class B misdemeanor. A person convicted of this crime will forfeit any hunting license and will not be permitted to have a hunting license for 10 years.
 
 A person may be charged with unlawful use of a weapon if the person attempts to use the weapon against another person, or carries or possesses a weapon with intent to unlawfully use it against another person, or intentionally discharges a firearm, blowgun, bow and arrow, crossbow, or explosive device inside city limits.

Unlawful use of a weapon is a Class C felony. 
 
A person may be charged with carrying a concealed weapon if the person carries concealed certain knives, or any dirk, dagger, ice pick, slingshot, metal knuckles, or similar instrument that could inflict injury on another person or the property of another person. Carrying a concealed weapon is a Class B misdemeanor.

A person may be charged with the crime of unlawful possession of a firearm if the person who does not possess a concealed-carry permit knowingly carries any firearm concealed upon the person, or possesses a handgun that is concealed and readily accessible to the person within any vehicle, or possesses a firearm where the person is under 18 years of age.

A person who has been convicted of a felony, or was found by a court to be a person with a mental illness, or is subject to a court order, is not permitted to possess a firearm.

Oregon law provides that firearms carried openly in belt holsters are not concealed. However, handguns that are inside a vehicle are subject to other provisions requiring that a weapon be stored, locked, or secured with a trigger lock.

Unlawful possession of a firearm is a Class A misdemeanor.