Oregon Ballot Measures and Felony Crimes Requiring Minimum Mandatory Sentences


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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:

    Robbery I and II
    Compelling Prostitution
    Kidnapping I and II
    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.

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