In Oregon, the classification of felony offenses into different categories is a critical aspect of the criminal justice system. These felony classes in Oregon reflect the seriousness of the crime and dictate the severity of the punishment. Felonies are considered very serious crimes, with repercussions that can have a lasting impact on an individual's life. However, not all felonies are treated equally, as the state recognizes varying levels of seriousness within these offenses. In this article, we'll delve into the different classes of felony, provide examples of crimes that fall into each category, and discuss the potential sentencing associated with these convictions.
Class C Felony
Class C felonies in Oregon are considered the least severe category of felonies, but they are still serious offenses that carry significant legal consequences. These crimes are punishable by up to 5 years in prison and fines of up to $125,000. The sentencing for a Class C felony can vary depending on the specific circumstances of the crime, the defendant's criminal history, and other factors considered by the court. Probation and community service may also be imposed in lieu of, or in addition to, incarceration and fines.
Some of the most common examples of Class C felonies in Oregon include:
● Theft in the first degree
● Burglary in the second degree
● Assault in the third degree
● Criminal mischief in the first degree
● Forgery in the first degree
● Identity theft
● Strangulation (when charged as a felony)
● Possession of a stolen vehicle
Class B Felony
Class B felonies in Oregon are considered more serious than Class C felonies and carry heavier penalties. These offenses often involve significant harm or risk to individuals or property. The sentencing for Class B felonies can vary, but typically includes a prison term of up to 10 years and fines that can reach $250,000. The specific sentence depends on the nature of the crime and the offender's criminal history.
Examples of Class B felonies in Oregon include:
● Manslaughter in the second degree
● Assault in the second degree
● Robbery in the second degree
● Extortion
● Aggravated theft
Class A Felony
Class A felonies in Oregon represent the most serious category of crimes, carrying the harshest penalties under state law. These offenses typically involve severe harm or risk to individuals, significant financial loss, or substantial property damage. The sentencing for Class A felonies can vary depending on the specific crime and circumstances but generally includes a prison term of up to 20 years and fines that can reach $375,000. In some cases, particularly heinous crimes may carry even longer sentences, including life imprisonment without the possibility of parole. Examples of Class A felonies in Oregon include:
● Rape in the first degree
● Kidnapping in the first degree
● Arson in the first degree
● Robbery in the first degree
● Aggravated theft in the first degree
Is a DUI a Felony in Oregon?
In Oregon, a DUI can be classified as either a misdemeanor or a felony, depending on the circumstances of the offense and the driver's prior record. A first-time DUI is typically charged as a misdemeanor. However, it can escalate to a felony under certain conditions.
A DUI in Oregon becomes a felony if the driver has two or more DUI convictions within 10 years. This means that the third DUI offense within this timeframe is charged as a Class C felony. The penalties for a felony DUI are more severe than those for a misdemeanor and can include a prison sentence of up to 5 years, fines up to $125,000, and a lifetime suspension of the driver's license.
Additionally, collateral crimes to a DUI can be charged as a felony in Oregon if those crimes involve causing serious injury or death to another person, or damages to property over $1,000 while driving under the influence. In these cases, the charges and penalties are even more severe, with the potential for longer prison sentences and higher fines.
What rights are lost when convicted of a felony
Being convicted of a felony in Oregon can lead to the loss of several important rights. One of the primary rights affected is the right to vote. Felons in Oregon lose their right to vote while incarcerated, but this right is automatically restored upon release from prison. Additionally, felons may lose their eligibility to serve on a jury and their ability to hold certain public offices or professional licenses.
The right to own or possess firearms is another significant right that is lost upon felony conviction in Oregon. Under both federal and state law, individuals convicted of a felony are prohibited from owning, possessing, or purchasing firearms. This restriction applies to all felonies, not just those involving violence or the use of a weapon. The loss of gun ownership rights is intended to prevent individuals with a history of criminal behavior from accessing weapons that could be used to commit further crimes.
Types of felonies that can be expunged
The expungement of a felony conviction is possible under certain circumstances. Expungement, also known as setting aside a conviction, allows an individual to legally declare that they have not been convicted of that specific crime. Not all felonies are eligible for expungement, and the process is subject to specific requirements and limitations. Felonies that may be eligible for expungement in Oregon generally include:
1. Class C felonies: These are the least serious felonies and are more likely to be eligible for expungement than more severe crimes.
2. Class B felony: These crimes would include Drug Possession, Drug Delivery, and Aggravated Theft Felonies for example.
2. Non-sexual offenses: Crimes that are not classified as sex offenses are more likely to be eligible for expungement.
3. Older convictions: Felonies that occurred several years ago and where the individual has not reoffended are more likely to be eligible. Keep in mind that even if a felony falls into one of these categories, there are still specific criteria that must be met for expungement. These criteria include the passage of a certain amount of time since the conviction, no pending criminal charges, and no other convictions within a specified period. Additionally, some crimes, such as certain sex offenses and traffic crimes, are never eligible for expungement in Oregon.
The Felony Classes in Oregon Guide Conclusion
Facing a felony charge or losing your right to own a gun can be a challenging and life-altering experience. However, with the right legal assistance, it’s possible to navigate with a positive outcome. Shawn Kollie with Oregon Gun Law possesses the experience and understanding necessary to guide you through the process of restoring your gun ownership rights. With a deep knowledge of Oregon's legal landscape and a commitment to his clients, Shawn Kollie is well-equipped to help you regain your rights and move forward with your life.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
