The Burglary in Oregon Guide: Laws and Sentencing

In Oregon, it's important to understand the distinctions between burglary in Oregon and robbery. These two terms are often confused but distinctly different in nature. In this post, we'll discuss the details of both crimes and their associated sentencing to give you a more thorough understanding of these laws in the Beaver state. 

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Burglary vs. Robbery in Oregon 

The one main distinction between burglary and robbery in Oregon, as well as in most legal systems, is the presence or absence of direct interaction or confrontation with a victim: 

• Burglary: In burglary, the primary focus is on unlawful entry into a building, dwelling, or property with the intent to commit a crime inside, such as theft or vandalism. Importantly, burglary does not necessarily involve direct interaction with a person inside the premises at the time of the crime. 

• Robbery: In contrast, robbery involves the use of force, intimidation, or the threat of violence to take property or money directly from another person. Robbery always includes direct interaction or confrontation with a victim, making it a crime that poses a more immediate threat to personal safety. 

While both burglary and robbery involve unlawful activities, the critical distinction lies in whether the crime occurs within a personal encounter with a victim (robbery) or without such direct interaction (burglary). 

Burglary 1 in Oregon ORS 164.225  

Burglary in the first degree in Oregon, as defined under ORS 164.225, is the most serious classification of burglary in the state. To be charged with Burglary 1, certain specific circumstances must be present: 

1. Entering or Remaining: The individual must unlawfully enter or remain in a building, dwelling, or property. 

2. Intent to Commit a Crime: They must enter or remain with the intent to commit a crime inside, such as theft, assault, or another felony. 

3. Further Aggravating Factors: Burglary in the first degree involves additional aggravating factors, such as: 

● Possession of a weapon or explosive device.

● Using or threatening to use a weapon during the burglary. 

● Causing injury to another person during the commission of the crime. 

Oregon Burglary 1 Sentencing 

Burglary in the first degree is considered a Class A felony in Oregon, carrying severe penalties upon conviction. A conviction for this offense can result in a substantial prison sentence of up to 20 years. Additionally, individuals convicted of Burglary 1 may face significant fines as high as $375,000. 

Burglary 2 in Oregon ORS 164.215

This charge involves unlawfully entering or remaining in a building, dwelling, or property with the intent to commit a crime inside, such as theft or vandalism. Unlike Burglary in the first degree, Burglary 2 does not require the presence of specific aggravating factors like the use of weapons or causing injury to another person. 

Oregon Burglary 2 Sentencing 

Burglary 2 is classified as a Class C felony in the state. Individuals convicted of this offense may face imprisonment, which can vary in length depending on factors like prior criminal history and the specifics of the case. Burglary 2 can lead to a potential 5 year prison sentence and $125,000 in fines. 

Oregon Robbery 1 ORS 164.415 

This offense involves using or threatening to use a deadly weapon during the course of a robbery. Conviction for Robbery 1 carries significant consequences, including a mandatory minimum prison sentence of at least seven and a half years. The potential prison term can be much longer, depending on factors such as the type of weapon used and if the defendant has a criminal history. In addition to imprisonment, individuals convicted of Robbery 1 may face substantial fines as high as $250,000. Keep in mind also, that Robbery 1 is considered a Measure 11 offense in Oregon. This means that those convicted must serve a mandatory minimum sentence without the possibility of parole, probation, or early release, making it one of the most serious crimes in the state.

Oregon Robbery 2 ORS 164.405  

Robbery in the second degree in Oregon, as defined under ORS 164.405, is a criminal offense that involves forcibly taking or attempting to take property or money from another person. To be charged with Robbery 2, certain specific elements must be present: 

• Use of Force or Intimidation: The individual commits or attempts to commit theft while using physical force, intimidation, or threats of violence against the victim. This force or intimidation does not involve the use of a deadly weapon. 

• Intent to Steal: The primary intention behind the use of force or intimidation is to facilitate the theft of property or money from the victim. 

Robbery in the second degree is considered a serious crime in Oregon, but it’s a step below the more severe Robbery 1, which involves the use or threat of a deadly weapon. While Robbery 2 carries significant legal consequences, including potential imprisonment and fines, the penalties are typically less severe than those associated with Robbery 1. The exact sentencing for Robbery 2 can vary based on factors such as the defendant's criminal history and the specific circumstances of the case. Robbery 2 is considered a Class B felony. 

Oregon Robbery 3 ORS 164.395 

This offense typically involves theft from another person but without the use or threat of force, violence, or a deadly weapon. Conviction for Robbery 3 carries less severe consequences than higher-degree robberies but is considered a Class C felony. Those found guilty of Robbery 3 may face imprisonment, with potential sentences of up to five years, as well as fines. 

The Burglary In Oregon Guide Conclusion 

At Powell Law, we understand the complexities and seriousness of burglary and robbery charges in Oregon. Our experienced team has a track record that speaks for itself, providing robust legal defense and guidance to individuals facing these challenging situations. Whether you're grappling with burglary or robbery charges or any other legal issue in the Beaver State, we’re here to help. With a commitment to safeguarding your rights and achieving the best possible outcomes, our expertise extends across various legal matters in Oregon. Trust us to be your advocates and navigate the legal process with you. Your peace of mind and legal protection are our top priorities.

*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.