The Guide To Oregon Property Crimes & Criminal Mischief

Being charged with an Oregon property crime can be a very traumatic experience and leave you not knowing where to turn. Having a trusted and experienced Oregon defense attorney by your side can make all the difference. You need someone to explain what’s at stake and who will fight to protect your rights. In this article, we’ll go over the different types of Oregon property crimes along with the penalties associated. 

We’re experienced in Oregon property crime law and can help you in your situation. We’re based in Beaverton and practice law throughout the Portland area including Clackamas County and Hillsboro. Give us a call or click the button below to get a free legal consultation.

Types of Property Crimes in Oregon 

The different types of property crimes in Oregon have varying consequences depending on the specific circumstances and type of crime. But before we get into the consequences and penalties, let's go over what exactly a property crime is. A property crime involves the theft or destruction of another person’s property. This would include robbery, littering, arson, and vandalism to name a few. We’ve compiled a list of the most common property crimes in Oregon below: 

Criminal Mischief in Oregon 

Criminal mischief occurs when someone intentionally or recklessly damages or interferes with another person’s property without permission. The law recognizes that such actions can result in financial loss, safety risks, or disruption, making criminal mischief a punishable offense. The severity of the offense depends on the value of the property affected and the circumstances of the incident. However, any act of unauthorized damage can create lasting legal and financial repercussions. 

1. Criminal Mischief 1st Degree in Oregon 

This happens when someone purposefully damages property worth $1,000 or more, or causes serious danger to property. Examples may include smashing cars, destroying expensive equipment, or large-scale vandalism. Oregon treats this very seriously because of the high value of damage or potential danger involved. 

Penalty: 

Criminal mischief 1 in Oregon is classified as a Class C felony. If convicted, a person could face up to 5 years in prison, fines as high as $125,000, and restitution to cover the property damage. Felony convictions can also affect future employment and housing opportunities. 

2. Criminal Mischief 2nd Degree in Oregon 

This degree applies when property damage exceeds $500 or if someone tampers with property in a way that creates risk of damage. Think broken windows, spray-painted walls, or disabling someone’s vehicle without total destruction. It’s less severe than first-degree but still serious. Depending on the prosecutor’s discretion, this kind of crime can be charged as a misdemeanor or a felony. 

Penalty: 

Most often classified as a Class A misdemeanor, penalties can include up to 1 year in jail, fines up to $6,250, and paying for the damage. Repeat offenses or aggravating factors could increase consequences.

3. Criminal Mischief 3rd Degree in Oregon 

This is the lowest level of criminal mischief and covers minor property damage under $250, or cases where someone acts recklessly without intending major harm. This includes tampering or interfering with someone else’s property. Common examples are keying a car, breaking a small window, or minor graffiti. 

Penalty: 

This is classified as a Class C misdemeanor. Convictions can result in up to 30 days in jail, fines up to $1,250, or both. You may also be required to repair or replace the damaged property. Even though it’s the least serious degree, it can still lead to legal trouble and a criminal record. 

Arson

When a person commits arson in the first degree, they have either intentionally started a fire or caused an explosion with the intent to cause property damage or harm to another person. 

● Arson in the first degree is a class A felony and is punishable by up to 20 years in prison with fines reaching a maximum of $375,000. 

● Arson the second degree is a class C felony charge that carries a possible 5 year prison sentence and accompanying fines up to $125,000. This would involve starting a fire or creating an explosion with the intent to damage property.

Burglary 

A burglary is the unlawful entry to a home or business with the intent to steal property or commit another crime by force or coercion. 

● Burglary in the first degree is a Class A felony which carries up to 20 years in prison and $375,000 in fines. A burglary is considered first degree if a burglary tool or deadly weapon was used, an attempt to cause physical injury was involved, or there was a threat to use a dangerous weapon.

Robbery 

You may be wondering what the difference between burglary and robbery is. Simply put, burglary involves the unlawful entry into a closed structure while a robbery uses force or the threat of force to take money or the belongings of another person.

● Robbery in the first degree is a Class A felony. This involves the person having a deadly weapon and attempts to use it to cause physical injury. 

● Robbery in the second degree is a Class B felony-armed with a dangerous or deadly weapon with the help of an accomplice.

● Robbery in the third degree is a Class C felony. This involves someone attempting to commit theft or unauthorized use of a vehicle. 

Identity Theft 

Identify theft is committed when a person intentionally obtains or converts another person's identity to use as their own through deceptive measures. 

● Identity theft is a Class C felony. Generally, an 18 month probationary period takes place that may include a short jail sentence, work release, and a fine to pay restitution for a first conviction. 

Theft 

Theft is defined as the act of intentionally depriving someone of his or her property. The different types of theft are as follows:

1. Obtaining, taking, or withholding property from its owner

2. Committing extortion by coercing another person to deliver property 

3. Committing a theft by deception 

4. Committing theft by receiving what isn’t yours 

● Theft in the first degree is a Class C misdemeanor

● Theft in the second degree is a Class A misdemeanor. The total value of the theft must be between $100 and $1000

● Theft in the third degree receives a Class C misdemeanor conviction. The total value of the theft must be less than $100 

Vandalism 

Vandalism is the willful destruction or damaging of property in a manner that defaces or adds a physical blemish and devalues the property. Simply put, destroying someone’s property without their permission. Examples of this may include slashing tires, breaking windows, or creating graffiti on the surface of someone else’s property. 

● Vandalism is considered criminal mischief in the third degree. This offense is considered a Class C misdemeanor which is punishable by up to 30 days in jail and fines reaching $1250 

How a Property Crimes Lawyer Can Help You 

Convictions for property crimes range considerably depending on the severity of the case. Due to the significant penalties you could face when confronted with a property crime charge, it’s crucial you secure an experienced criminal defense attorney like Shannon Powell with Powell Law. Shannon will ensure your side of the story is heard and will fight to protect your freedom every step of the way.

*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.