Understanding Class A Misdemeanors in Oregon

Class A misdemeanors are the highest level of misdemeanor offenses. They are considered less serious than felonies but more serious than infractions. A person convicted of a Class A misdemeanor in Oregon may be sentenced to a maximum term of imprisonment of 364 days and/or a fine of up to $6,250. Crimes such as menacing, sexual abuse in the third degree, and possession of a burglary tool or theft device are classified as Class A misdemeanors.

Examples of Class A Misdemeanors in Oregon

Class A misdemeanors in Oregon are crimes that do not rise to the level of a felony, but they often involve behavior that causes harm, risk, or disruption to others. Below are some examples of Class A misdemeanors in Oregon:

• Assault in the fourth degree (OR. Rev. Stat. § 163.160)
• Certain drug possession offenses (OR. Rev. Stat. § 475)
• Disorderly conduct in the first degree (OR. Rev. Stat. § 166.023)
• Driving under the influence of intoxicants (DUII) (OR. Rev. Stat. § 813.010)
• Property-related offenses, such as theft in the second degree (OR. Rev. Stat. § 164.045, reckless burning, and criminal trespass in the first degree

Penalties for a Class A Misdemeanor in Oregon

In Oregon, a Class A misdemeanor is the most serious type of misdemeanor. The maximum penalty for such an offense is a jail term of up to 364 days or a fine of up to $6,250 (ORS §§ 161.615 and 161.635). Sentencing discretion allows judges to adjust penalties based on aggravating or mitigating factors. For example, under certain circumstances, fourth-degree assault may escalate to a Class C felony, carrying a maximum penalty of five years in jail and a $125,000 fine, if committed in the presence of a minor (OR. Rev. Stat. § 163.160(3)).

Probation and Alternative Sentencing Options in Oregon

Oregon law allows courts to impose alternative sentencing options for individuals convicted of a Class A misdemeanor, depending on the circumstances of the case. These options may include probation, community service, restitution, diversion program, and house arrest. These alternatives aim to reduce incarceration and promote rehabilitation.

• Probation

According to ORS § 137.545, a court may place an offender on probation for a period it determines appropriate and may extend or terminate it at any time. Conditions of probation typically include maintaining employment, reporting to a probation officer, attending counseling or treatment programs, adhering to curfews, and refraining from further criminal activity. The court may revoke probation and impose the original sentence if a probationer violates these conditions.

• Community Service

A court may order community service either as a condition of probation or as an alternative to jail terms or fines (ORS 137.128). The offender must consent to perform such service, which must be suitable to their abilities and completed during non-working or non-school hours.

• Restitution

Per ORS 137.108, a court must order restitution when a victim has suffered economic loss or damage. The court may impose restitution independently or in conjunction with other sanctions, such as probation or community service, and ensure that victims receive compensation for verified losses.

• Diversion Programs

A diversion agreement may be available for certain misdemeanor offenses (ORS § 135.891). Diversion typically requires the defendant to complete conditions, such as treatment, counseling, community service, or maintaining employment. Upon successful completion, charges may be dismissed. Some counties also have specialized diversion programs for specific offenses, such as DUII.

• House Arrest or Electronic Monitoring

Although not separately defined for misdemeanors, courts may impose house arrest or electronic monitoring as a special condition of probation (ORS 137.540). These measures allow an offender to serve a sentence at home under supervision, subject to restrictions on movement and monitoring requirements.

Can a Class A Misdemeanor Be Expunged or Sealed in Oregon?

Yes, a class A misdemeanor can be expunged in Oregon. Expungement, also known as a set-aside, is the sealing of a criminal record by the court, so that it does not appear in official court records. Individuals must meet the eligibility criteria stated in ORS 137.225 to apply for expungement in Oregon. Additionally, a three-year waiting period applies to Class A misdemeanor offenses. Eligible individuals should mail a completed Copy of their own Record / Clearance Letter Request Form and a fingerprint card, and the appropriate fees to the Oregon State Police (OSP). The OSP charges $33 for criminal history records and $30 for public fingerprinting. The result of the background check will be sent to the prosecuting attorney.

The applicant should also complete the Motion to Set Aside and Declaration in Support Form and make two (2) copies of it. They should file the original copy at the circuit court where they were charged or the case was dismissed. The court does not charge a fee for this service. Mail a photocopy of the form to the prosecuting attorney. The prosecuting attorney has 120 days to respond to the Motion. If an objection is filed, the court will hold a hearing. If the expungement request is granted, the court will send copies of the expungement order to the necessary agencies. Expungement of a Class A misdemeanor helps applicants access greater employment, housing, educational, and professional opportunities, as well as improved personal and social well-being.

Long-Term Consequences of a Class A Misdemeanor Conviction

A Class A misdemeanor conviction can have effects that extend well beyond the immediate sentencing penalties. Convictions may appear on background checks and influence several aspects of a person’s life. A Class A misdemeanor conviction can affect a person’s ability to get a job, especially if the job involves working with vulnerable people. A misdemeanor conviction, especially one involving a property-related offense, might make it more difficult to secure housing. Non-citizens with a class A misdemeanor conviction can face challenges with visa renewals, permanent residency, or naturalization eligibility.

What to Do if You’re Charged with a Class A Misdemeanor in Oregon

Anyone charged with a Class A misdemeanor in Oregon should take the matter seriously and act promptly to address the charges. They have to understand the charges against them by reviewing the charging document. It is also essential to attend all scheduled court hearings because missing a court date can result in additional penalties. The defendant should also keep copies of all documents and evidence related to the case to track deadlines more effectively and respond appropriately to court requests. Individuals should maintain open communication with the court and comply with all requirements. Most importantly, they should consult with a qualified attorney who can explain their rights, outline potential outcomes, and guide them through the legal process.

Statute of Limitations for Class A Misdemeanors in Oregon

The statute of limitations for a Class A misdemeanor in Oregon is two years from the date of the offense (ORS § 131.125). This period may be extended to four years if the offense involves sexual abuse, minors, or strangulation. However, if the victim was under 18 at the time of the offense, the court can extend the statute of limitations until the victim turns 22. The statute of limitations will be tolled for three additional years if the defendant evades prosecution or leaves the state (ORS §131.155).