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First-Degree Felony in Oregon
In Oregon, first-degree felonies refer to the most severe version of an offense. These crimes are typically defined by premeditation, elements of violence, and severe impact on victims.
Per ORS 161.535, felonies in Oregon are classified as A, B, and C. There are also unclassified felonies, which may include murder and treason offenses. The classes are based on the type of crimes and the severity of their penalties. Class A and unclassified felonies typically contain the most severe crimes and carry the harshest penalties.
You may find most first-degree crimes classified as Class A felonies. Examples of these crimes may include murder, kidnapping, sexual assault, and arson.
Public Access to First-Degree Felony Records in Oregon
Oregon provides public access to most first-degree felony records. Interested persons or entities can access documents using resources provided by local or state-level entities. The Oregon Judicial Branch maintains an online searchable platform for case files and calendars at the state level. Inquirers may view records on the platform by selecting the preferred court type and inputting relevant search data. The platform does not charge for court record searches. However, inquirers may pay a subscription fee to use the OJCIN platform. The platform provides comprehensive information about case files, including judgment dockets.
At the local level, inquirers may obtain copies of first-degree felony records from the circuit court clerks’ offices. The court clerk often serves as the custodian of records generated within the court. To obtain documents, inquirers may submit a request in person or via another option provided by the clerks.
Source | Access Type | Website/Location |
---|---|---|
Oregon Judicial Branch | Online | www.courts.oregon.gov |
Circuit clerks’ offices | In person/mail | |
Third-party record search | Online (may charge) | Oregoncourtrecords.us |
Common Crimes Classified as First-Degree Felonies in Oregon
First-degree felonies in Oregon may include the following:
- Murder in the first degree.
- Manslaughter in the first degree.
- Sexual abuse in the first degree.
- Assault in the first degree.
- Arson in the first degree.
The FBI’s Crime Data Explorer maintains a yearly report on all documented first-degree felony reports in Oregon. Per the agency’s report, Oregon’s law enforcement agencies recorded 149 murders, 1,602 rapes, 761 arsons, and 2,569 robberies in 2024.
Crime | Brief Description |
---|---|
Assault in the first degree |
Per ORS 163.185, a person commits assault in the first degree if the person:
|
Murder in the first degree |
As defined in ORS 163.107, it’s a murder in the first degree under conditions such as the following:
|
Kidnapping in the first degree |
A person commits kidnapping in the first degree if he commits a second-degree murder for these reasons:
|
Arson in the first degree |
Per ORS 164.325, a person commits arson in the first degree if, by starting a fire or explosion, the person intentionally destroys:
|
Theft in the first degree |
Per ORS 162.055, it’s a first-degree arson if a person commits theft and:
|
Prison Sentences and Fines for First-Degree Felonies in Oregon
In Oregon, persons convicted of first-degree felonies may receive sentences between one year and the death penalty. In addition, offenders may pay up to $500,000 for felony convictions. Generally, penalties depend on the crime’s felony class and prior convictions. Based on the felony class, a Class A felony offense may attract the maximum jail term of 20 years and up to $375,000. The sentencing is relatively lower for subsequent classes, as class B felony convictions attract up to 10 years in jail.
The prior convictions also determine the sentencing for some felony offenses. For instance, third-time DUI convicts may receive up to 10 years in jail and up to $375,000 in fines.
Oregon First Degree Punishment | Prison Range | Maximum Fine |
---|---|---|
Theft in the first degree | Up to 5 years | Up to $125,000. |
Murder in the first degree. | 30 years to life imprisonment or the death penalty | Up to $500,000. |
First-degree assault | Up to 20 years | Up to $375,000. |
Arson in the first degree | Up to 20 years | Up to $375,000. |
Kidnapping in the first degree. | Up to 20 years | Up to $375,000. |
What is the Maximum Sentence for a First Degree Felony in Oregon?
In Oregon, the death penalty is the maximum penalty for a first-degree felony conviction. Nevertheless, the death penalty only applies to first-degree murder that involves aggravating circumstances.
For other first-degree felonies, the felony class determines the maximum sentence. For example, persons convicted of a Class A felony may receive a sentence of up to 20 years, while a Class C felony attracts a maximum of 5 years in jail.
What is First Degree Murder in Oregon?
Under ORS 163.107, a person is guilty of murder in the first degree under these conditions:
- The defendant killed another due to an agreement to receive monetary value for the act.
- The defendant solicited another to commit the act in exchange for money or a thing of value.
- The defendant committed murder after having a prior conviction for a murder-related offense.
- There was more than one murder victim.
- The defendant killed another while torturing or maiming.
- The murder victim is under 14 years old.
- The murder victim was a peace officer, correctional officer, parole officer, or probation officer.
Persons convicted of first-degree murder may receive between a 30-year jail term and life imprisonment without parole. Convicted offenders will receive life imprisonment if they were 18 years old or above at the time of the incident.
Can First Degree Felony Records Be Sealed or Expunged in Oregon?
In Oregon, persons convicted of first-degree felonies may seal or expunge their record if:
- They have no pending criminal charges.
- They have waited for these timeframes after completing a court sentence:
- Seven years after a conviction for Class B felonies.
- Five years after a conviction for a Class C felony
- They have no other convictions within the specified waiting period.
- The conviction is not a state or municipal traffic offense.
- The conviction is not for the unlawful possession of a controlled substance.
- The conviction was not classified as a crime against persons.
Note: Under Oregon Statutes, Unclassified and Class A felonies are not eligible for sealing or expungement. Such crimes remain visible on publicly owned domains.
Difference Between First-Degree and Second-Degree Felonies in Oregon
In Oregon, first- and second-degree felonies may differ based on their severity, felony class, and corresponding penalty.
First-degree felonies generally cause severe impact on the lives and properties of concerned parties. Persons convicted of such felonies usually reveal a premeditation or intent to commit the act. Note that first-degree felonies may have different penalties, which are mostly determined by the felony class. For example, a first-degree murder conviction may attract life imprisonment, while a first-degree arson has a maximum 20-year jail term.
In contrast, second-degree felonies are typically less severe than first-degree crimes. Although the crimes may cause severe consequences, they usually result from the offender’s recklessness. For example, it’s second-degree murder if the defendant caused the death of another via neglect or abuse.
Second-degree felonies may carry different penalties based on the felony class. A second-degree murder carries a 10-year maximum sentence, while second-degree theft offenders may face up to 5 years in jail.
Felony Level | Common Crimes | Sentencing Range |
---|---|---|
First Degree | Theft, arson, murder, assault, kidnapping, and custodial sexual misconduct. | Up to life imprisonment or the death penalty. |
Second Degree | Theft, arson, murder, assault, kidnapping, and custodial sexual misconduct. | Up to life imprisonment. |
Statute of Limitations for First-Degree Felony Charges in Oregon
In Oregon, the statute of limitations is the timeframe to prosecute an offender. The statute of limitations for first-degree felonies may vary based on the severity of the offense. For example, you can file charges for rape offenses within 12 years of the incident. However, there are no statutes of limitations for murder and attempted murder offenses. This means you can file charges at any time after the incident.
Note: Oregon law allows the suspension of a statute of limitation under specific circumstances. For example, the statute of limitations is suspended if the perpetrator evades arrest or moves outside the state.
Probation and Parole Eligibility for First-Degree Felonies in Oregon
In Oregon, persons convicted of first-degree felonies generally become eligible for parole under these conditions:
- They have served one-third of their sentence.
- They have completed the minimum term required for the sentence.
- The offender was under 18 years old at the time of the incident and has served 15 years of imprisonment.
The Oregon Board of Parole and Post-Prison Supervision is responsible for setting the parole date for offenses committed before November 1, 1989.
In contrast, Oregon courts determine if an offender is eligible for parole after considering these factors:
- The crime type and severity.
- The defendant’s background, including prior convictions.
If the inmate is eligible for probation, the court may impose a probation that runs between a few months and five years, depending on the severity of the crime. Offenders on probation are generally required to fulfill conditions like supervised visits to a probation officer or restitution fee payments.
Term | Definition | Eligible for First-Degree Felony |
---|---|---|
Probation | Court-ordered supervision instead of prison | Sometimes, it depends on the severity of the crime and prior convictions. |
Parole | Early supervised release from prison | Often, after serving one-third or the minimum term of the sentence. |
Impact of a First-Degree Felony Conviction on Criminal Records in Oregon
First-degree felony convictions are visible in publicly owned domains. The records’ public visibility may lead to severe consequences for the record subject’s personal and social life. For instance, convicted first-degree felony offenders may lose their license to work in specific industries like healthcare, finance, and education. They might also face discrimination when searching for properties to rent or buy, as landlords may refuse to rent out to them. Other consequences of first-degree felonies include:
- Lower chances of getting a visa to specific countries.
- Loss of civil rights, including the right to bear arms or to vote.
