Oregon Felony: Laws, Penalties, Sentencing, and Records
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Table of Contents
In Oregon, a felony is a serious crime that carries a sentence of more than a year in state prison. According to Oregon law, felonies are the most serious offenses and are punishable by long jail terms, hefty fines, rights restrictions, and permanent criminal records. Class A and unclassified felonies are the most serious of the four primary categories of felonies in Oregon: Class A, B, C, and unclassified felonies.
What Is Considered a Felony in Oregon?
The Oregon Revised Statutes, Chapter 161-167 – Criminal Code,stipulates the rules governing felonies in the state. Typical felonies in Oregon include:
- Violent Crimes: These are serious crimes typically involving harm against another person, such as murder, manslaughter, rape, kidnapping, aggravated assault, and robbery.
- Drug Crimes: Drug crimes include the distribution, trafficking, and manufacturing of controlled substances.
- Property Crimes: Property crimes typically include arson, burglary, auto theft, and theft of property worth $1,000 or more.
- White-Collar Crimes: These include financial fraud, embezzlement, identity theft, and forgery.
- Weapons Offenses: These may include crimes involving a weapon, such as possession of a firearm, unlawful firearm sales, and armed criminal conduct.
Certain misdemeanors can escalate into felonies. For example:
- While theft under $1,000 is a misdemeanor, anything above that threshold is a felony.
- Assault becomes felony assault when it causes serious physical injury or involves a weapon.
What Is a Felony in Oregon?
According to Oregon law, a felony carries a sentence of more than a year in state prison. In contrast, Oregon punishes misdemeanors more mildly with shorter jail sentences in county institutions.
The consequences of being convicted of a felony in Oregon include:
- Prison sentences range from 13 months to life or death.
- Fines up to $375,000, depending on felony class.
- Loss of rights, which typically affects a convict’s ability to vote while incarcerated, own a handgun, and obtain specific licenses.
- A permanent criminal record can have a profound impact on employment opportunities, housing, and even job prospects.
Felony Classes and Penalties in Oregon
In addition to unclassified felonies, Oregon divides felonies into four classes.
Oregon Felony Classes
- Unclassified Felonies
- These kinds of felonies include aggravated murder and other crimes defined outside the standard classes.
- Penalty: This could lead to life imprisonment or death for aggravated murder.
- Class A Felony
- Class A felonies include first-degree assault, first-degree burglary, and significant drug trafficking.
- Penalty: If convicted, perpetrators could face up to 20 years in prison.
- Fine: They could also face fines of up to $375,000.
- Class B Felony
- Class B felonies include manslaughter, robbery, and second-degree assault.
- Penalty: Perpetrators could face sentences of up to 10 years in prison.
- Fine: This could come with fines of up to $250,000.
- Class C Felony
- Class C felonies include lower-level thefts, forgery, and mid-level drug crimes.
- Penalty: Anyone convicted of these crimes can face up to 5 years in prison.
- Fine: Convicts have to pay up to $125,000.
Felony Sentencing Guidelines in Oregon
In Oregon, the Oregon Sentencing Guidelines grid, the judge’s discretion, and aggravating or mitigating circumstances all influence sentencing, which is set by statute.
Key Sentencing Factors
- Statutory Penalties: Each felony class has maximum imprisonment and acceptable limits.
- Mandatory Minimums (Measure 11): Certain violent felonies, including murder, rape, kidnapping, and armed robbery, carry mandatory minimum prison terms underBallot Measure 11 (ORS § 137.700).
- Sentencing Guidelines Grid: Considers crime severity and the defendant’s criminal history to determine presumptive sentences.
- Aggravating Factors: Use of firearms, crimes against vulnerable victims, prior felony convictions.
- Mitigating Factors: First-time offenders, cooperation with authorities, and rehabilitation potential.
- Repeat Felony Offender Laws: Enhanced penalties apply to habitual offenders.
- Probation and Parole: Certain nonviolent felonies may result in probation. Oregon limits parole eligibility for Measure 11 crimes, but it is available for others through the Oregon Board of Parole and Post-Prison Supervision.
For example, under Measure 11, a conviction for first-degree robbery (a Class A felony) carries a required minimum sentence of 90 months (7.5 years).
Felony Laws and Procedures in Major Oregon Cities
Portland (Multnomah County)
The Multnomah County Circuit Court handles felony prosecutions in Portland, handling a high volume of cases involving violent crimes, property theft, and drug trafficking. Records are accessible via the Oregon Judicial Department (OJD) case system or the Multnomah County Clerk.
Salem (Marion County)
The Marion County Circuit Court handles felonies in Salem, with a focus on violent crimes, fraud, and burglaries. Through the Marion County Clerk's Office, records are available.
Eugene (Lane County)
The Lane County Circuit Courthandles felony prosecutions in Eugene, where assaults, property crimes, and drug offenses are frequent occurrences. Records are available through statewide portals or the Lane County Clerk.
How to Search for Felony Records in Oregon
Oregon provides several ways to access felony case records.
1. Oregon Judicial Department (OJD) Case Search
The OJD Online Records Search allows the public to look up felony cases by name or case number. Records typically include:
- Case number and docket history.
- Charges filed.
- Court location.
- Sentencing outcomes.
2. Circuit Court Clerk’s Offices
The only source of certified criminal case files is the county Clerk of Circuit Court that handled the case.
3. Oregon State Police (OSP) – Criminal Justice Information Services (CJIS)
Statewide criminal history data, including felony convictions, is kept up to date by the OSP CJIS Division. Checks based on fingerprints are necessary.
4. Local Police Departments and Sheriff’s Offices
Law enforcement agencies maintain arrest and booking records. You can request these records using Oregon’s Public Records Law. However, cases that are still active may be restricted from the public.
5. Third-Party Background Checks
Certain third-party private services may provide felony records for a cost, but official OJD and OSP sources are more accurate.
Open vs. Sealed Records
- Open Records: Most felony convictions remain public.
- Expungement (Set Aside): Oregon allows for the expungement (ORS § 137.225) of certain felonies after waiting periods, generally 3–20 years depending on the offense. However, certain crimes like violent felonies, sex offenses, and Class A felonies cannot be expunged.
Why Understanding Felonies in Oregon Matters
In Oregon, a felony conviction has far-reaching repercussions that go well beyond jail time and fines. They have an impact on housing and licensing, civil rights, and employment prospects. People, companies, and employers need to comprehend Oregon's felony rules, punishments, and record access.
In Oregon, there are four different types of felonies: Class A, B, C, and unclassified. Class C felonies carry a sentence of five years, whereas aggravated murder carries a sentence of life in prison or death. Measure 11 mandatory minimums for violent crimes, the Oregon sentencing guidelines grid, and statutory ranges all influence the sentence.
The Oregon State Police, Circuit Court Clerks, and the Oregon Judicial Department site all provide access to felony records, guaranteeing transparency and providing a few possibilities for expungement.