Oregon Ballot Measures and Felony Crimes Requiring Minimum Mandatory Sentences
Have you been arrested for a Ballot Measure 11 crime in Oregon? If so, you want to have an experienced criminal defense attorney to advise you of your rights and responsibilities and provide other relevant counsel.
Ballot Measure 11 and Crimes
There are a number of criminal offenses that are addressed by Ballot Measure 11:
- Arson
- Robbery I and II
- Compelling Prostitution
- Kidnapping I and II
- Murder
- Attempted Murder
- Attempted Aggravated Murder
- Assault I and II
- Manslaughter I and II
- Rape I and II
- Sodomy I and II
- Sexual Penetration I and II
- Sexual Abuse I
- Use of Child in Display of Sex Act
This ballot measure was approved by Oregon voters in November 1994. As a result of the passage of this measure, mandatory minimum prison sentences are required for the above types of crimes committed on or after April 1, 1995. Furthermore, under this measure, the possibility for sentence reduction, even for good behavior, was not permitted.
House Bill 3439 Modifications
There have been several modifications of this legislation since 1994. House Bill 3439, for example, which was passed in June 1995, included both Attempted Murder and Attempted Aggravated Murder.
Senate Bill 1049 Modifications
In July 1997, Senate Bill 1049 was passed to include Arson I, when there was a serious physical threat present. Other crimes added to the bill at this time were Compelling Prostitution and the Use of Child in Display of Sex Act.
Due to the passage of this bill, there were some allowances made for individuals that had already been convicted and sentenced. Furthermore, there were also some sentencing departures made for certain Assault II, Kidnapping II, and Robbery II cases.
House Bill 2494 Modifications
This bill, which was passed on August 1999, addressed convictions that occurred on or following October 23, 1999. It addressed some Manslaughter II cases and provided for departures from mandatory minimum sentences.
House Bill 2379
This bill, which was passed on July 2001, addressed convictions made on or following January 1, 2002. It also provided for sentencing departures in some cases for the following crimes:
- Rape II
- Sodomy II
- Sexual Penetration II
- Sexual Abuse I
Mandatory Minimum Sentences for Specific Crimes
While mandatory minimum sentences will vary, and are dependent on the level and severity of the crime, here are a few examples according to Oregon Law:
- Murder: 300 months
- Manslaughter 1: 120 months
- Assault I: 90 months
Rape I: 100 months
- Robbery I: 90 months
If you have been arrested for any of the crimes listed above, the importance of hiring a criminal defense attorney cannot be stressed enough. These types of criminal charges carry a mandatory minimum sentence, and if convicted, may result in extensive jail or prison time. When a criminal defense attorney takes your case, they will focus on criminal defense options specifically related to your situation.