Criminal Defense Laws in Oregon

Criminal Defense Law in Oregon: Overview

Oregon has one of the most progressive criminal justice frameworks in the nation, though recent reforms have been subject to significant revision. The state does not have the death penalty, having imposed a moratorium in 2011 and voters narrowing the death penalty statute substantially in 2022. Oregon was the first state to decriminalize marijuana possession (1973) and legalized recreational use in 2014. In 2020, voters approved Measure 110, which decriminalized personal possession of all drugs, but the legislature recriminalized possession in 2024 following public backlash. Oregon does not have a stand-your-ground law; it follows a duty-to-retreat doctrine, though the castle doctrine applies within the home. The state classifies felonies into Classes A, B, and C and uses sentencing guidelines that calculate sentences based on a grid considering offense severity and criminal history. Oregon does not have a traditional three-strikes law but uses repeat offender sentencing enhancements. DUII (driving under the influence of intoxicants) laws carry significant penalties including mandatory minimum sentences.

Key Statutes & Deadlines

Drug Policy: From Decriminalization to Recriminalization

Oregon's drug policy has undergone dramatic shifts. In 2020, voters approved Measure 110, making Oregon the first state to decriminalize personal possession of all controlled substances. Under Measure 110, possession of small amounts was reduced to a Class E violation (a maximum $100 fine, dismissable by calling a treatment hotline). However, the policy faced intense criticism as drug use, overdose deaths, and public disorder increased significantly. In 2024, the Oregon legislature passed House Bill 4002, which recriminalized personal drug possession as a Class C misdemeanor (up to 30 days in jail, $1,250 fine) effective September 1, 2024. The new law includes a "deflection" pathway where individuals can avoid criminal penalties by agreeing to enter treatment. Oregon still has legal recreational marijuana for adults 21 and older, and psilocybin therapy was legalized under Measure 109 (2020) through licensed service centers. The state continues to invest heavily in treatment infrastructure funded by marijuana tax revenue.

DUII Laws and Diversion Programs

Oregon uses the term DUII (driving under the influence of intoxicants) and imposes significant penalties under ORS § 813.010. A first DUII is a Class A misdemeanor carrying a minimum 48 hours in jail (or 80 hours of community service), fines of $1,000-$6,250, a one-year license suspension, and mandatory installation of an ignition interlock device. Oregon is notable for offering a DUII diversion program under ORS § 813.200 for first-time offenders, which allows dismissal of the charge after completing a one-year program including substance abuse evaluation, treatment, a victim impact panel, and an ignition interlock device. A second DUII within ten years carries a mandatory minimum 48 hours in jail, higher fines, a three-year license suspension, and is not eligible for diversion. A third DUII is still a misdemeanor but carries enhanced penalties. Oregon has been considering but has not enacted felony DUII legislation for repeat offenders, making it one of the few states where DUII remains a misdemeanor regardless of the number of prior offenses (unless injury or death occurs).

Sentencing Guidelines System

Oregon uses a structured sentencing guidelines system administered by the Oregon Criminal Justice Commission. For felonies, sentences are determined using a grid that considers the crime seriousness level (1-11) and the offender's criminal history score (A through I). The grid produces a presumptive sentence expressed in months of incarceration. Judges may depart from the presumptive sentence based on aggravating or mitigating factors, but departures must be supported by findings on the record and are subject to appellate review. For less serious felonies with low criminal history scores, the guidelines prescribe probationary sentences rather than incarceration. Oregon also uses mandatory minimum sentences for certain offenses, including Measure 11 crimes (ORS § 137.700), which impose mandatory minimums of 5 years 10 months to 25 years for specified violent and sexual offenses. Measure 11 sentences cannot be reduced by good-time credits and are not eligible for judicial departure.

Oregon Court System

Oregon has a unified court system. Circuit Courts, organized into 27 judicial districts, serve as courts of general jurisdiction handling all criminal cases from violations through felonies. There are no separate municipal or county courts for criminal matters. The Oregon Court of Appeals handles intermediate appeals, and the Oregon Supreme Court is the court of last resort. Oregon does not use grand juries for routine felony prosecutions; instead, felony charges are initiated by information filed by the District Attorney after a preliminary hearing. The state operates specialty courts including drug courts, mental health courts, DUII courts, veterans courts, and family treatment courts in many judicial districts.

Damages & Penalties

Oregon classifies felonies into three classes. Class A felonies carry up to 20 years and a $375,000 fine. Class B felonies carry up to 10 years and a $250,000 fine. Class C felonies carry up to 5 years and a $125,000 fine. Class A misdemeanors carry up to 364 days and a $6,250 fine. Class B misdemeanors carry up to 6 months and a $2,500 fine. Class C misdemeanors carry up to 30 days and a $1,250 fine. Measure 11 mandatory minimums apply to serious violent and sexual felonies and override the sentencing guidelines. The death penalty was substantially narrowed by Measure 113 (2022), limiting it to cases of aggravated murder involving terrorism or the killing of children under 14, though a gubernatorial moratorium has prevented executions since 2011.

Recent Legislative Changes

The most significant recent change was House Bill 4002 (2024), which recriminalized personal drug possession as a Class C misdemeanor, effectively reversing the core provision of Measure 110 (2020). Measure 113 (2022) substantially narrowed the death penalty to only aggravated murder involving terrorism or killing children under 14. Psilocybin therapy became available through licensed service centers in 2023 under Measure 109. Oregon continues to expand its DUII diversion program and drug court options. The state has also expanded expungement eligibility, with recent legislation reducing waiting periods for certain offenses.

Frequently Asked Questions