Types of Felonies in Oregon
Felonies are more serious crimes in Oregon. Felonies carry higher amounts of incarceration time and higher maximum fine penalties than misdemeanor cases. Felonies in Oregon are crimes that hold a higher imprisonment punishment of over a year. Felonies in Oregon include crimes such as murder, rape, burglary, kidnapping, and arson among many other types of felonies. Some misdemeanors in Oregon can also become felonies if you have multiple past convictions of the same felony such as DUIs if it is your third DUI offense.
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Categories of Felonies in Oregon
There are different types of felonies and degrees of felonies in Oregon. The most serious felonies in Oregon that carry the most serious criminal penalties are called Class A felonies. The least serious felonies are called Class C felonies. Oregon also has Class B felonies where the criminal punishment is more than a Class C felony but less than a Class A felony.
Oregon also has other unclassified felonies that are not designated as any kind of particular class of felony.
A conviction is when a person pleads guilty to a felony. It is best to consult with an experienced Oregon criminal attorney before pleading guilty to a felony. If you plead guilty to a Class C felony in Oregon, the maximum penalty that can be imposed on you is five years in prison. The maximum fine that can be imposed on you is up to $125,000.00. Both the fine and the prison time can be imposed on you for pleading guilty to a Class C felony in Oregon.
Class C Felonies That Can Be Treated as Misdemeanors
There are some Class C felonies in Oregon that give an Oregon prosecutor the choice to treat them as similar misdemeanors charges instead. These generally relate to drug possession charges. If they are treated as misdemeanors, any fine imposed cannot be less than any minimum fine identified by a similar misdemeanor charge.
If you plead guilty to a Class B felony in Oregon the maximum amount of prison time is 10 years. It can also include a fine with the maximum fine amount of $250,000.00.
If you plead guilty to a Class A felony in Oregon you can expect up to 20 years in prison. The courts in Oregon can also impose a fine on you at the maximum amount of $375,000.00.
Other unclassified felonies in Oregon
Murder in the first degree, murder in the second degree, and treason under Oregon law have their own specific penalties and fines. These specific crimes are not given a specific felony classification like other Oregon felonies. Murder in the first degree holds a sentence of life imprisonment. Persons convicted of murder in the first degree are subject to 30 years imprisonment without the possibility of any kind of parole prior. Murder in the second degree also holds a penalty of life imprisonment without the possibility of parole for 25 years. A person convicted of treason is subject to life imprisonment.
How Oregon felonies convictions can affect you
Reduction of a felony for some driving offenses
If your felony involves a driving offense in Oregon, there is a possibility that it can be reduced upon successful completion of the sentence. This is usually for individuals that are “habitual offenders” and if an Oregon court determines the conviction of a felony is “unduly harsh.”
Payment of fines and penalties for a felony conviction in Oregon
Under Oregon law, a court considers several factors on whether or not to impose a fine with a felony. The court considers the “financial resources of the defendant and the burden that payment of the fine will impose with due regard to the other financial obligations.”
The court also considers the “ability of the defendant to pay a fine on an installment basis or on other conditions to be fixed by the court.”
What Oregon Courts Can Order
A court in Oregon can also impose payment for any money gained during the commission of a crime for a felony. A court in Oregon can also order up to double the payment for any money gained during the commission of a crime. This is in addition to any statutory fine the court imposes.
A court in Oregon may also order you to pay restitution upon conviction of an Oregon felony. Restitution is an amount paid back to a victim of a crime. If you stole money or property from a person or damaged his or her property that was never returned to that person, you may be ordered to pay a restitution amount for the loss.
This can also include any medical bills past and future that a person may incur as a result of personal injury from your crime. A court can hold a hearing to determine the amount of restitution. Restitution can also be part of your probation.
If you fail to make payments on your fines, penalties, and restitution amount, you could be found in violation of your probation. Probation can also include a court order for you to complete a certain amount of community service hours. Community service can be up to 500 hours for a felony conviction in Oregon.
Certain rights loss upon conviction of a felony in Oregon
If you are convicted of a felony in Oregon, you lose your right to hold a firearm. This right is restored after 15 years of serving your sentence. If your felony offense is a non-violent felony, you may possibly regain firearm privileges one year after your conviction. This is done by serving the court through a petition to the circuit court in the county of your residence.
You are also not allowed to vote if you have pleaded guilty to a felony and are currently incarcerated. You also cannot serve on a criminal jury trial for 15 years if you have been convicted of a felony.
You forfeit your right to any weapons used in connection to any of the following felony crimes as well as revocation of any hunting license possessed: If you plead guilty to criminal mischief in the first degree, cast artificial light, including on game mammals or predatory animals or livestock, while possessing certain weapons, animal abuse in the second degree, aiming a rifle at a motor vehicle, or other laws connected to mistreating, killing or damaging livestock or animal.
How felony convictions in Oregon can affect your immigration status
Since Oregon felonies carry a punishment of more than a year of jail time, a conviction of a felony can affect your immigration status. If you are not a citizen of the United States and you are here on a green card or a travel visa your immigration status may be affected and a conviction may also include deportation from the United States.
Statute of limitations for felonies in Oregon
Many felonies in Oregon also have a statute of limitations. A statute of limitations is a time limit on how long prosecutors in Oregon have to file criminal felony charges against you. The timer starts the date the person commits the offense. If the time has expired, that particular crime can no longer be filed against you.
Some Oregon felony statutes of limitations can range from three to four, six, or even twelve years. Each statute of limitation depends on the type of crime attached to it. The most serious crimes in Oregon do not have a statute of limitations attached. This means that if you commit a crime, prosecutors can file criminal charges against you at any time during your lifetime. Felonies in Oregon that do not have a statute of limitations include crimes such as murder, attempted murder, and manslaughter.
Schedule a free consultation with me if you need a criminal defense attorney. I’ll do whatever I can to help you get the best possible outcome for your case.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
