What is the Minimum Sentence for Felony Strangulation in Oregon?
In Oregon, domestic violence and assault cases often hinge on a specific, serious act that many people misunderstand: strangulation. While there is no specific minimum sentence for felony strangulation in Oregon, most people who are convicted can expect jail time, probation, and fines.
Felony strangulation is a serious crime with long-lasting consequences for perpetrators. Here’s what you need to know about Oregon strangulation sentencing.
Oregon Strangulation Charges
Per Oregon law (ORS163.187), strangulation is the act of intentionally impeding the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck, or by blocking the nose or mouth.
One of the key concepts is intentionality. The prosecution doesn’t need to prove that there was injury or that the victim was choked until they passed out. The actual act of impeding breathing or blood flow with intent is what constitutes the crime. It can include using a forearm, hand, knee, or ligature to compress the neck or covering the victim’s mouth and nose with a hand or object.
How Much Jail Time for Felony Strangulation in Oregon?
Strangulation by itself may be charged as a Class A misdemeanor. However, under most circumstances, those charges will be raised to a Class C felony. If the strangulation occurs in front of a minor child, the victim is younger than 10, the victim is pregnant, the victim is a family member or lives in the household, or a deadly weapon is used or threatened, strangulation becomes a felony.
So, how much jail time will the perpetrator get for felony strangulation in Oregon? It depends on the judge as well as their prior record and other aggravating factors. For example, if it’s a first conviction, the guidelines often recommend probation with conditions like domestic violence treatment and no contact with the victim. The maximum sentence is up to 5 years in prison and a fine of up to $125,000.
What Are the Average Sentences?
There is no minimum sentence for felony strangulation in Oregon, which means, depending on the circumstances, the perpetrator may receive zero days of jail time. The average sentence depends heavily on the defendant’s criminal history and the facts of the case.
Some common outcomes of Oregon strangulation charges include:
First-time offender, no injury, no prior record: Probation for 18 to 36 months. Possible jail time of 30 to 90 days.
Prior felony record: Between 12 to 18 months in prison.
Repeat strangulation or aggravated circumstances: Between 18 to 36 months, up to the maximum of 5 years.
Most first-time offenders don’t go to prison, but repeat or violent offenders usually serve between 1 and 3 years.
Maximum Sentencing
The maximum sentence for felony strangulation in Oregon is up to 5 years in prison and a fine of up to $125,000. The maximum is rarely imposed unless there are aggravating factors like serious injury, a long criminal record, or the crime involves a child or vulnerable victim.
What Is Strangulation 2 in Oregon?
While Oregon technically does not have a crime called “Strangulation 2,” serious cases may involve Oregon’s Measure 11 mandatory minimum sentencing. In cases where serious physical injury occurred, the crime may be charged as Assault in the Second Degree instead of felony strangulation. If convicted of second-degree assault, the law requires a minimum sentence of 70 months in prison, without any opportunities for early release or credits for good behavior.
Is Strangulation a Felony in Oregon?
Strangulation is usually charged as a felony in Oregon. If the victim is a family or household member, current or former intimate partner, it is automatically a Class C Felony. If the defendant has a prior strangulation conviction, it’s a Class C Felony. If a minor child was present or the victim was under 10, it’s a felony.
The only scenario where strangulation remains a Class A Misdemeanor is a first offense with a non-domestic victim (for example, a stranger in a bar fight) and no protective order involved.
Oregon Strangulation Sentencing
Oregon strangulation sentencing depends heavily on the judge and the specific details of the case. Here’s a breakdown of the sentencing guidelines used in Oregon:
| Charge | Classification | Maximum | Typical Sentence First Offense | Typical Sentence Prior Record |
|---|---|---|---|---|
| Felony Strangulation | Class C Felony | 5 years in prison, fines up to $125,000 | Probation plus 30 to 90 days in jail | 12 to 36 months in prison |
| Misdemeanor Strangulation | Class A Misdemeanor | 364 days in jail, fines up to $6,250 | Probation or 30 to 60 days in jail | 60 to 180 days in jail |
How to Win a Strangulation Charge in Oregon
An Oregon strangulation charge is a serious matter that may come with long-lasting consequences. If you’re facing felony strangulation charges, the first thing you need to do is to find an experienced lawyer to handle your case. A lawyer will advise you on what to do, negotiate on your behalf, and prepare for trial, if needed.
Some strategies that may be used by a criminal defense attorney to win a strangulation case include:
Self-defense or defense of others: If the defendant was acting to protect themselves or someone else from imminent harm, the charge may be dropped or reduced.
Lack of intent: In a felony strangulation case, the prosecution has to prove that the defendant purposefully tried to impede breathing or blood flow. A criminal defense lawyer may be able to prove lack of intent to get the charges dropped.
False accusations: Strangulation charges sometimes come up in a contentious divorce or breakup. Another defense strategy can involve evidence that the accusation is motivated by anger or leverage.
Insufficient evidence: Strangulation often leaves no visible marks, so cases rely heavily on the alleged victim’s testimony. If there are inconsistencies, a lack of corroborating evidence, or the victim recants, the defense may argue reasonable doubt.
Hiring an Experienced Criminal Defense Attorney
If you’re facing felony strangulation charges in Oregon, you need an experienced attorney to handle your case. Powell Law can help. We believe everyone deserves to have fair and competent representation. We’ll have your back at every step of the process, advising you through the complicated legal proceedings. Contact us today for a free consultation!
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
