In Oregon, misdemeanors are divided into Class A, Class B, Class C, and unclassified, each with varying penalties. In this Oregon misdemeanor guide, we’ll break down each of the four classes of misdemeanors to help you understand the penalties they carry.Â
Regardless of the category, all misdemeanor charges should be taken seriously as they can impact employment, housing, and your personal reputation. If you or a loved one are facing charges in Oregon, you need Oregon Gun Law. With tons of experience with Second Amendment rights and criminal defense throughout Oregon, we’ll help you build the best defense for your case.Â
Class A Misdemeanor in Oregon and Sentencing
The most serious type of Oregon misdemeanor is a Class A misdemeanor. If convicted, you may be facing significant penalties, including up to 364 days in county jail and fines of up to $6,250. In some cases, a judge may impose probation in lieu of or in addition to jail time. This can include conditions like community service, counseling, or substance abuse treatment.Â
Some common examples of Class A misdemeanors in Oregon include:Â
Reckless driving
Prostitution
Fourth-degree assault
Menacing
DUII
Class A Misdemeanor First Offense Sentencing
For a first offense Class A misdemeanor in Oregon, sentencing is often less severe than for repeat offenses, especially if the defendant doesn’t have a criminal record. When sentencing, courts often take the defendant’s clean record into account and may offer alternatives to jail time, depending on the nature of the crime. Smaller fines and little to no jail time are common for first offenses.Â
Instead, the defendant may be put on probation. For crimes like DUIIs, the court may also allow the defendant to enter a diversion program. Successful completion of the program can result in the charge being dismissed.
Class B Misdemeanor in Oregon and Sentencing
The next level of Oregon misdemeanor is a Class B misdemeanor. If convicted, the defendant may face up to six months in jail and a fine of up to $2500. Some common Class B misdemeanors in Oregon include:Â
Harassment
Carrying a concealed weapon
Second-degree disorderly conduct
Class B Misdemeanor First Offense
If convicted of a first offense Class B misdemeanor, the defendant likely won’t see any jail time, especially if the crime was non-violent. Judges typically focus on alternative punishments like probation or community service. Additionally, the defendant may receive reduced fines. If the crime resulted in damage or theft of property, the judge may order restitution. Â
Class C Misdemeanor in Oregon and Sentencing
The least severe type of Oregon misdemeanor is a Class C misdemeanor. Sentencing for a Class C misdemeanor usually includes up to 30 days in county jail and fines of up to $1250. For a first time offense, the defendant may get off with probation or community service and reduced fines.Â
Unclassified Misdemeanors
In Oregon, unclassified misdemeanors are crimes that do not fall under the typical Class A, B, or C misdemeanor categories. Instead, their penalties are specifically defined by the statute creating the offense. However, to be considered a misdemeanor, the jail time can be no more than 364 days.Â
Can You Carry a Gun If You’ve Been Convicted of a Misdemeanor in Oregon?
In general, an Oregon misdemeanor conviction won’t prevent you from legally carrying a gun. However, if convicted of a misdemeanor related to domestic violence, you will not be able to purchase or possess any kind of firearm. To be considered a misdemeanor crime of domestic violence, there has to be a domestic relationship along with the use or attempted use of physical force or threatened use of a deadly weapon. Some of these crimes may include:Â
Assault in the fourth degree
Strangulation
Contributing to the sexual delinquency of a minor
Disorderly conduct
Pointing a firearm at another
Sexual misconduct
How Can Misdemeanors Be Expunged?
Having an Oregon misdemeanor on your record may limit your opportunities for employment or education. In some cases, you may be able to have your misdemeanor expunged (or set aside) from your record if enough time has passed without further convictions. For Class A misdemeanors, you may be able to have your conviction expunged after 3 years. For Class B and C misdemeanors, the wait time is typically 1 year.Â
Although most misdemeanors are eligible for expungement, there are some crimes that cannot be expunged. You may want to talk with an experienced attorney to understand whether or not you’re eligible for expungement.Â
If you are eligible, you’ll need to file a motion to set aside your conviction with the court where the case was originally heard. With the form, you’ll also need to include a fingerprint card as well as the filing fee, which varies by county. You’ll also need to notify the District Attorney in the same jurisdiction of your motion. The court will review your background and, if eligible, they’ll expunge the conviction from your record. Once expunged, the conviction will no longer be visible in public records. Expungement may also restore certain rights, such as gun rights.Â
Oregon Criminal Probation Rules
Probation is a common alternative to jail time for an Oregon misdemeanor. It allows you to stay out of jail under specific conditions. Usually, if you’ve been granted probation, that means your sentence is suspended. If you violate your probation, you may receive stricter probation terms or face serious consequences. You may even have to serve the time in jail that you avoided. The maximum length of probation for a misdemeanor is five years.Â
The terms of your probation will depend on your crime but usually include:
Avoiding controlled substances
Taking drug or alcohol tests if you have a history of substance abuse
Staying in the state of Oregon unless you get written permission to leave by the Department of Corrections
Working or going to school
Not possessing weapons or firearmsÂ
Consenting to getting searched by your supervising officer when requested
Oregon Misdemeanor Conclusion
If you or a loved one are facing an Oregon misdemeanor, the best thing you can do is seek legal counsel from a qualified attorney. At Oregon Gun Law, we’ll use our expertise and dedication to justice to help you receive the best possible outcome. Contact Oregon Gun Law today!
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
