The Oregon Felony Reduction Guide: Getting Your Felony Reduced
The process of reducing a felony to a misdemeanor in Oregon can seem complicated, but it’s really useful to know if you're looking to clear up your record. This guide will help you understand which felonies can be dialed down to misdemeanors and walk you through how to file the necessary paperwork. Whether you’re doing this for yourself or helping someone else, we’ll break down the essentials to make the legal jargon a bit easier to manage.
What is Oregon Felony Reduction?
Felony reduction in Oregon refers to the legal process by which a felony conviction is reduced to a misdemeanor under certain conditions. This process is part of Oregon's efforts to allow individuals to lessen the impact of a felony conviction on their lives, particularly in terms of employment, housing, and other civil rights.
The eligibility for felony reduction typically depends on the specific crime, the completion of all terms of the sentence (including probation), the passage of a certain amount of time without further criminal activity, and other factors specified by law. Some crimes, especially those considered violent or serious (such as Measure 11 offenses), may not be eligible for reduction.
When Should You Try To Get Your Felony Reduced?
Deciding when to seek a reduction of a felony to a misdemeanor involves careful consideration of various factors. Initially, it's important to make sure that all sentencing requirements have been completed. This includes any jail time, probation, community service, and restitution as mandated by the court. Most jurisdictions require full compliance with these conditions before an individual can apply for a reduction.
Additionally, many states impose a mandatory waiting period after the completion of the sentence. This waiting period serves as a testament to the individual's sustained good behavior and rehabilitation, which is crucial in the application for reduction. During this time, it's also important that the individual has not engaged in any new criminal activities. A clean record post-conviction is a strong indicator of rehabilitation and responsible behavior, which courts consider favorably.
Access to competent legal advice is another critical factor. Legal experts not only guide on the optimal time to apply based on current laws and the specifics of the case but also navigate the complex legal processes involved. Furthermore, if the felony conviction is adversely impacting the individual's ability to secure employment, housing, or pursue educational opportunities, pursuing a reduction as soon as legally possible can be beneficial.
Which Felonies Can Be Reduced to Misdemeanors?
Here are some general categories of felonies that might be eligible for reduction:
● Non-Violent Crimes: These typically include drug possession, petty theft, and fraud. Non-violent offenses are more likely to be eligible for reduction, especially if they involve no serious injury or significant property damage.
● First-Time Offenses: Many states provide more lenient options for first-time offenders. If the felony conviction is the person's first criminal offense, there might be a stronger case for reducing it to a misdemeanor.
● Wobbler Offenses: Some felonies are classified as "wobblers," which means they can be prosecuted either as felonies or misdemeanors, depending on the specifics of the case and the discretion of the prosecutor. Examples might include certain cases of assault, theft, or vandalism. These are typically the most straightforward cases in which a felony might be reduced to a misdemeanor.
● Completion of Probation: For some felonies, successful completion of all terms of probation, including paying fines and restitution, not committing new crimes, and fulfilling community service requirements, can make an offender eligible for a reduction.
● Statutory Provisions: Specific state laws might outline other categories of felonies eligible for reduction based on legislative priorities, such as reducing overcrowding in prisons or promoting rehabilitation efforts.
Examples of Felonies That Can Be Reduced to Misdemeanors:
1. Class C Felonies
Class C felonies represent the lowest level of felony charges in many jurisdictions, including Oregon. These offenses typically carry less severe punishments compared to Class A and Class B felonies, making them more frequently eligible for reduction to misdemeanors.
The punishments for Class C felonies generally include imprisonment and fines, though the specifics can vary. In Oregon, for instance, a Class C felony can result in up to 5 years in prison and fines up to $125,000. These penalties aim to reflect the severity of the crime while providing room for rehabilitation.
Here's a list of common Class C felonies in Oregon:
● Theft I
● Forgery I
● Criminal Mischief I
● Possession of a Controlled Substance
● Burglary II
● Endangering the Welfare of a Minor
● Assault III
● Unlawful Use of a Weapon
● Coercion
● Strangulation
● Supplying Contraband
● Animal Abuse I
● Identity Theft
● Driving Under the Influence of Intoxicants (DUII) - third offense
● Failure to Perform Duties of a Driver (hit and run with injury)
● Unlawful Manufacturing of a Destructive Device
● Bribery
● Perjury
● Tampering with a Witness
2. Unlawful Racketeering (ORS 166.270)
In Oregon, the laws surrounding felony reductions are typically quite strict, especially for Class A felonies, which are the most serious level of felony offenses. However, an exception is made for unlawful racketeering, which is unique among Class A felonies in that it is eligible for reduction under specific circumstances.
3. Class B Marijuana-Related Felonies
Class B Felonies in Oregon typically represent serious offenses that generally are not eligible for reduction to misdemeanors. However, there's an important exception to this rule when it comes to marijuana-related crimes. Recognizing the changing legal and social landscape surrounding marijuana, Oregon allows for the reduction of any marijuana-related crime that qualifies as a Class B felony.
Here are a few examples of marijuana-related Class B felonies that can be reduced:
● Manufacture of Marijuana: Previously considered a serious offense, especially when conducted near a school or involving minors.
● Delivery of Marijuana to Minors: Involving the distribution of marijuana to individuals under the age of 21.
● Possession of Large Quantities of Marijuana: Exceeding amounts that were legally permitted for personal use.
How To File Your Motion
To file a motion for reducing a felony to a misdemeanor in Oregon, you can follow these basic steps:
1. Verify Eligibility: Confirm that the felony conviction is eligible for reduction based on Oregon law. Consider factors such as the type of crime, completion of all sentencing requirements, and absence of new criminal activity.
2. Gather Documentation: Collect all necessary documents including proof of sentence completion, evidence of rehabilitation, and any supporting letters from employers or community leaders.
3. Draft the Motion: Write the motion to reduce the felony, clearly stating the reasons for the request and including all relevant legal arguments and supporting evidence.
4. File the Motion: Submit the completed motion along with all supporting documents to the court where the original conviction occurred.
5. Attend the Hearing: Appear in court for the hearing of your motion, where you may need to present your case and answer questions from the judge or opposing counsel.
The Oregon Felony Reduction Guide Conclusion
In summary, if you're looking to navigate the complexities of felony reduction in Oregon, understanding your eligibility and the filing process is an important first step. At Powell Law, we recognize the profound effect that a felony reduction can have on your life and are here to support you every step of the way.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
