What is a Second Degree Felony in Oregon?

The Oregon Criminal Code, ORS 163.160–163.185, classifies felony offenses by degree based on their severity. Felony offenses are generally ranked from Class A felonies, the most severe type, to Class C felonies. A second-degree felony is a Class B felony. ORS 163.175 expressly states that assault in the second degree is a Class B felony.

Second-degree felonies are slightly less severe than first-degree felonies (first-degree kidnapping, first-degree aggravated theft, first-degree robbery, and first-degree arson) but more serious than Class C felonies or misdemeanors (identity theft, assault in the third degree, and possession of a stolen vehicle). The types of crimes that may constitute a second-degree felony are determined by various sections of the Oregon Criminal Code.

Which Crimes Are Considered Second Degree Felonies in Oregon?

Under Oregon law, the following offenses constitute second-degree felonies:

• Assault in the second degree (ORS 163.175): Causing serious physical injury to another, often with a deadly weapon.
• Robbery in the second degree (ORS 164.405): Committing robbery with the aid of another person present.
• Burglary in the second degree (ORS 164.215): Unlawfully entering or remaining in a building with intent to commit a crime.
• Theft in the first degree (ORS 164.045): Stealing property valued between $100 and $1,000, including firearms or vehicles.
• Arson incident to the manufacture of a controlled substance in the second degree (ORS 164.338): Recklessly setting fire to property while manufacturing a controlled substance.
• Criminal mischief in the second degree (ORS 164.354): Recklessly or intentionally damaging property with a value over $500, or causing substantial risk of harm.

What is Second Degree Murder and How is it Classified in Oregon?

Second-degree murder in Oregon occurs when a person intentionally causes the death of another without planning it in advance. Unlike first-degree murder, which is deliberate and premeditated, second-degree murder usually happens impulsively, often during a sudden fight or confrontation. It is more serious than manslaughter, which involves causing death recklessly or under strong provocation.

In other words, second-degree murder happens when someone acts intentionally or with extreme recklessness, knowing their actions could result in death. Examples include firing a gun during a road rage incident, stabbing someone in a sudden altercation, or striking a person with a heavy object in a heated argument.

Unlike most other felonies in Oregon, second-degree murder is not assigned a class (such as A, B, or C). Instead, it is distinguished from first-degree murder by the absence of premeditation (ORS 163.115). Manslaughter, a related crime, is generally less serious and carries lighter penalties (ORS 163.125).

Oregon Second-Degree Felonies Penalties and Punishments

The punishment for second-degree felonies in Oregon depends on the class of the offense under ORS 161.605 and related sentencing statutes. Generally, defendants face prison terms, fines, and possible probation or parole.

For Class B second-degree felonies, such as burglary or assault, the sentence may range from 1 to 10 years in prison with fines up to $250,000. Class C second-degree felonies carry less severe penalties, typically ranging from 6 months to 5 years in prison with proportionally lower fines. These penalties can become more severe under aggravating circumstances.

• A firearm or deadly weapon is used
• The victim is a minor or particularly vulnerable.
• Prior convictions
• Repeat offenses, especially violent ones
• The defendant’s criminal history
• Certain offenses under Measure 11 carry mandatory minimums, limiting the court’s discretion.

The impact of prior convictions depends on the offense, severity of past crimes, and other factors under the Oregon Sentencing Guidelines.

Are Second Degree Felony Records Public in Oregon?

Yes. In Oregon, most records related to second-degree felonies, including arrest and court records, are generally considered public records, unlike some states that limit access to felony records after a certain period of time. Members of the public can usually access these records under the Oregon Public Records Law, which gives citizens the right to inspect and request copies of documents created by public agencies.

However, there are restrictions to protect privacy or sensitive information. Certain records may be sealed or confidential, limiting public access. Examples include:

• Records containing personal information, such as medical or similar files
• Images of deceased individuals from investigations, to protect family privacy
• Personal contact and identifying information of public employees or volunteers

These rules help protect sensitive personal information while maintaining public access. In general, members of the public can request access to second-degree felony records through the Oregon Judicial Department or local courthouses, provided they follow applicable laws and regulations regarding use and privacy. For criminal history information, the Oregon State Police Criminal History Records program also provides public access under specific guidelines.

How to Access Second-Degree Felony Court Records in Oregon

In Oregon, Circuit Courts serve as trial courts of general jurisdiction and hear all felony cases, including second-degree felonies. Record searches usually start with the Circuit Court in the county where the case was filed, but statewide access is also available through systems managed by the Oregon Judicial Department.

Members of the public can access Oregon criminal court case records through the following options:

• Contact the court: Individuals may visit or contact the clerk’s office in the county where the case was filed to request or inspect records. Written requests are also accepted, and many courthouses provide public kiosks with free access to case files.

  NB: While most Oregon court records are public, access may be restricted in cases involving juveniles, sealed files, or sensitive information. If access is denied, the clerk must inform the requester in writing.

• Search the Oregon Judicial Department Online Records Search: The OJD Online Records Search provides free, limited case information, such as case numbers, party names, filing details, and scheduled hearings.
• Subscribe to the Oregon Judicial Case Information Network (OJCIN): The OJCIN system offers paid, statewide access to trial and appellate court records. Users can search case files, view documents, and track case activity. Access requires a one-time setup fee (currently $170) plus ongoing monthly subscription charges.

Can Second Degree Felony Charges be Reduced or Dismissed in Oregon?

In Oregon, second-degree felony charges can sometimes be reduced or dismissed, depending on the case, evidence, and defense strategy. Defense counsel may negotiate a plea agreement, where the defendant pleads guilty to a lesser charge or accepts a lighter sentence to avoid trial. Plea agreements (ORS 135.405–135.450) must be reviewed by a judge to ensure they are voluntary and serve justice.

Defendants should be cautious, as plea deals involve giving up significant rights, such as a jury trial, confronting witnesses, and protection against self-incrimination. Judges consider the seriousness of the offense, strength of evidence, criminal history, and cooperation with law enforcement. Consulting a qualified attorney is strongly recommended before accepting a plea or seeking dismissal.

Charges may also be dismissed under certain conditions. Oregon law (ORS 135.755) allows dismissal when evidence is insufficient, constitutional or procedural violations occur, or the prosecutor moves to dismiss. The court’s ruling on a dismissal only determines legal validity, not guilt or innocence.

Is it Possible to Expunge or Seal a Second-Degree Felony or Murder Record in Oregon?

It depends. Under ORS 137.225, Oregon law allows some criminal records to be “set aside” (expunged). However, Class A felonies, including murder and most violent offenses, are not eligible for expungement.

In line with ORS 137.225, a person charged with a second-degree felony may be eligible to have records set aside if:

• The charge was dismissed or the defendant was acquitted, and the statutory waiting period has passed
• The charge was no-billed by a grand jury for lack of evidence
• The indictment was quashed or the statute of limitations expired
• The charge was dismissed after successful completion of a diversion program
• A conviction was for a Class B felony, and at least seven years have passed since conviction or release, with no new convictions
• A conviction was for a Class C felony, and at least five years have passed under the same conditions.

The applicant may file a motion to set aside in the Circuit Court where the charges were filed. The petition must include fingerprints and a criminal history check, and notice must be given to the prosecutor. If the prosecutor objects, the court may hold a hearing before ruling. Furthermore, applicants should consult a qualified attorney before filing a motion to set aside to ensure proper procedure and eligibility.

How Long Do Second-Degree Felony Records Stay Public in Oregon?

It depends. Some states keep second-degree felony records indefinitely unless expunged, while others have time limits. As outlined by the Oregon State Police, these records generally remain public indefinitely unless a court orders them sealed or expunged.