Courts in Oregon
In Oregon, felonies are defined as anything punishable by state prison, misdemeanors are defined as anything punishable by up to a year in county jail, and infractions are defined as anything punishable by a fine of up to $100. Those accused of these offenses are issued a citation or a complaint, as well as a summons to court. If the accused is under the age of eighteen, a parent or guardian must accompany him or her to the cited court date.
Misdemeanors in Oregon
Because misdemeanor offenses can vary depending on the crime and the severity of the crime, proper defense is highly recommended. An Oregon criminal defense lawyer will have experience dealing with these types of convictions and can advise you on the best course of defense to take.
Misdemeanors in Oregon are classified into three types. Class A misdemeanors are the most serious misdemeanors in Oregon. Class A misdemeanors are punishable by up to one year in county jail or a maximum fine of $625. Depending on the circumstances, a sentence may include both a fine and incarceration. Driving under the influence in the first degree, assault in the fourth degree, theft in the second degree, and other Class A Misdemeanors are examples.
B-level Harassment, including harassment over the phone, is a misdemeanor. These misdemeanors are punishable by up to six months in county jail or a fine of up to $2500. A sentence can also include both a fine and incarceration.
Class C misdemeanors are punishable by up to thirty days in county jail or a maximum fine of $1250. Class C misdemeanor sentences, like other misdemeanors and felonies, can include both jail time and a fine. This misdemeanor category includes theft in the third degree, criminal trespassing in the second degree, minor age misrepresentation, and other offenses.
Misdemeanor Expungement in Oregon
According to Oregon law, a criminal defendant may apply to the court for expungement three years after the completion of his or her sentence. Except in the case of first-degree criminal mistreatment, a Class C Felony can be expunged. This is a violation of ORS 163.205 and is considered child abuse or a sex crime. Expungement is also not possible if the crime of narcotic drug possession, such as marijuana, or the misdemeanor or felony is deemed unfit to be relieved by the court.
There are other circumstances in which some people are not eligible for expungement. Sex crimes of any kind, criminal mistreatment in the first degree under ORS 163.205, and endangering the welfare of a minor in the case of child abuse are examples of these. Expungement is also not available to anyone who has been convicted of or arrested for a municipal or state traffic offense, or who has been convicted of another crime within the ten-year period preceding the filing of proper papers. This crime does not have to be identical to the previous one.