OREGON CRIMINAL LAW

Criminal law in Oregon is laid out in a collection of statutes and rules that detail criminal conduct and trial procedure for defendants in violation of the law. The following information summarizes topics commonly faced by Oregon defendants, and can provide a basic understanding of Oregon’s criminal law. For specific questions regarding an Oregon criminal case, contact an Oregon criminal attorney.

Oregon Drug Possession

Drug crimes in Oregon provide punishment for possession and distribution of illegal drugs. Punishments vary depending on the type of drug, the quantity of the drug, and whether or not the defendant was in possession or selling the drug.

1. Marijuana Offenses: Possession of Marijuana in Oregon is a misdemeanor punishable by a fine of up to $1,000 if the defendant possessed less than one ounce.
   • Possession of greater than one ounce is a felony charge and, depending on the quantity, can result in jail time up to 10 years and a fine of up to $100,000.
   • Sale of Marijuana under one ounce is a misdemeanor punishable by up to 1 year in jail and a $5,000 fine.
   • Sale of any amount more than one ounce is a felony punishable by up to 10 years in jail and a fine up to $100,000.
2. Narcotics Offenses: Both possession and sale of narcotics in Oregon carry a fine up to $100,000 plus twice the value of any property gained during the commission of the crime.
   • Possession of narcotics such as cocaine, heroin, or meth is a felony and can result in sentence ranging from 5 – 10 years depending on the quantity of the drug possessed.
   • Sale of narcotics is a more serious charge and can result in a prison sentence ranging from 10 – 20 years.

Drug crimes in Oregon can carry steep penalties if a defendant is convicted. Anyone arrested and charged with drug offense in Oregon should contact an Oregon criminal lawyer.

Assault In Oregon

An assault charge in Oregon will arise when a person causes another harm. Oregon has broken assault charges into four degrees depending on the motive of the assault and the degree of harm inflicted:

• Assault in the 4th Degree occurs when a person intentionally, knowingly, or recklessly causes harm to another, or negligently causes harm with a deadly weapon. Fourth degree assault in Oregon is a misdemeanor punishable by up to 1 year in jail and a fine up to $6,250.
• Assault in the 3rd Degree arises from several situations such as recklessly causing serious physical injury to another, committing assault with a partner, assaulting a child under age 10, or recklessly causing injury with a weapon, “under circumstances manifesting extreme indifference to human life.” Third degree assault in Oregon is a felony punishable by up to 5 years in prison and a fine up to $125,000.
• Assault in the 2nd Degree occurs when a person intentionally or knowingly causes serious physical injury to another, or intentionally or knowingly causes injury with a deadly weapon. Second degree assault in Oregon is a felony punishable by up to 10 years in prison and a fine up to $250,000
• Assault in the 1st Degree can be charged for serious forms of assault such as intentionally causing harm with a deadly weapon, causing harm to a young child under age 6, or assaulting a pregnant woman. First-degree assault in Oregon is a felony punishable by up to 20 years in prison and a fine up to $375,000.

The varying degrees of assault in Oregon are determined by the facts surrounding the particular assault. If arrested for assault in Oregon, contact an Oregon criminal attorney.

Oregon Drunk Driving – DUI

A Driving Under the Influence (DUI) conviction in Oregon will result in serious and expensive penalties for the defendant. If convicted of a DUI in Oregon a person faces 48 hours in jail, 80 hours of community service, a fine between $1,000 - $2,000, additional $300 in fees, license suspension of 90 days to 1 year, the requirement of an interlock device, and participation in drug or alcohol treatment. Any person arrested for a DUI in Oregon should contact an Oregon DUI attorney.

Right To A Jury Trial In Oregon

A defendant in Oregon has a right to a jury in all criminal prosecutions. A defendant may waive this right if the prosecutor agrees and the trial judge consents. In order to waive the right to a jury, a defendant must present a written request to the trial judge for approval. For questions about a defendant’s right to a jury trial in Oregon, consult an Oregon criminal attorney.

Trial Date In Oregon

All criminal defendants in Oregon have a right to be tried without unreasonable delay. Oregon criminal courts will prioritize trials for defendants who are held in custody while awaiting trial. Unless a jailed defendant is awaiting trial for a serious crime, the criminal trial will begin within 60 days of the time the defendant is arrested and incarcerated. A defendant may approve a continuance, or a court may grant an extension if the circumstances of the case require more time to prepare for trial. It is important to discuss any trial date questions with an Oregon criminal lawyer.

Sentence Review / Appeals In Oregon

An Oregon defendant convicted at trial may submit an appeal asking a higher court to review, any ruling by the trial court during trial that impacted the verdict or whether or not a sentence is excessive or unconstitutionally cruel. Filing an appeal in Oregon is a process that should be handled by an Oregon criminal defense attorney.

Oregon Revised Statutes

Relevant Oregon Criminal Laws

1. Oregon Drug Possession
   • Or. Rev. Stat. §§ 475.840, 475.860, 475.864.
2. Assault in Oregon
   • Or. Rev. Stat. §§ 163.160, 163.165, 163.175, 163.185.
3. Oregon Drunk Driving – DUI
   • Or. Rev. Stat. §§ 813.010, 813.020.
4. Right to Jury in Oregon
   • Or. Rev. Stat. §136.001.
5. Trial Date in Oregon
   • Or. Rev. Stat. §§ 136.285, 136.290.
6. Sentence Review / Appeal in Oregon
   • Or. Rev. Stat. § 138.040.