In Oregon felonies are defined as anything subject to state prison, misdemeanors are defined as anything subject to up to one year in a county jail, and infractions are defined as anything subject to a fine up to one hundred dollars. Those accused of these crimes are given a citation or a complaint and summons to court. If the accused is under the age of eighteen, he or she must have a parent or guardian present at the cited court date.
Oregon Misdemeanor Offenses
Because misdemeanor offenses can vary according to the crime and the crime's degree of severity, the proper defense is strongly advisable. An Oregon criminal defense attorney will have experience working with these kinds of convictions and will be able to advise the best course of defense to take.
Oregon classifies its misdemeanors into three categories. Class A Misdemeanors are the most acute of all Oregon misdemeanors. Class A Misdemeanors are punishable by up to one year in a county jail or a maximum fine up to sixty-two hundred fifty dollars. A sentence may include both a fine and a jail sentence depending on the circumstances. Class A Misdemeanors include driving under the influence in the first degree, assault in the fourth degree, theft in the second degree, and others.
Class B Misdemeanors include harassment, harassment via the telephone, and others. These misdemeanors are punishable via up to six months in a county jail or a fine up to twenty-five hundred dollars. A sentence can also include that of both a fine and a jail sentence.
Class C Misdemeanors are punishable by thirty days in a county jail or a maximum of twelve hundred fifty dollars in fines. Like other misdemeanors and felonies, Class C Misdemeanor sentences can also include both a jail sentence and a fine. This misdemeanor class includes theft in the third degree, criminal trespassing in the second degree, misrepresentation of age by a minor, and others.
Oregon Misdemeanor Expungement
Oregon law states that after the lapse time of three years from a sentence completion, a criminal defendant may apply to the court for expungement. Expungement can be granted for a Class C Felony, except in the case of criminal mistreatment in the first degree. This is under ORS 163.205 and constitutes child abuse or a sex crime. Expungement is also not possible if the crime of the possession of narcotic drug, such as marijuana or if the misdemeanor or felony is seen unfit to be relieved by the court.
There are also other instances where some are not eligible for expungement. These include sex crimes of any kind, criminal mistreatment in the first degree under ORS 163.205, and endangering the welfare of a minor in the case of child abuse. Expungement is also not available for any individual who has been convicted of or was arrested for a municipal or state traffic offense or has been convicted of another crime during the ten-year time period that precedes the filing of proper papers. This crime does not have to be the same as the previous. See also:
Oregon Felony External link (opens in new window)
Oregon Expungement External link (opens in new window)
Oregon Gun Laws External link (opens in new window)