In general, Oregon is known throughout the country for being a little weird. Maybe it’s all thanks to Portland, or maybe it’s just the people living here. Whatever it is, the result has been the c…Read More
Bend Criminal Lawyers
You can learn more about our criminal defense specialties, and find answers to some of the frequently asked questions that we encounter in our criminal defense trials. As always, you can reach out to us if you have any specific questions about charges that you face.
Assault Charges ▼
Assault is a serious charge in Oregon, and it will result in a criminal misdemeanor or felony conviction if the defendant is ruled guilty of assault. Oregon has four degrees of assault charges, ranging from Assault IV (the least severe charge) to Assault I (the most severe charge). Assault IV charges most often result in Class A Misdemeanor convictions (if the defendant is convicted) or Class C Felony convictions, while all other assault charges (I through III) may only result in felony convictions.
In certain instances, it may be best for a defendant to pursue a civil compromise. A civil compromise may result in the dismissal of a charge if the “victim” and judge agree to dismiss the charge. If you work with a defense attorney, you may be able to have your charges dropped or to have your conviction or sentencing reduced, depending on the best action for your specific circumstances. Read more about assault charges.
Domestic Violence ▼
Oregon doesn’t have laws that are exclusive to the term “Domestic Assault.” However, those who have been accused of assaulting members of their family or household may be facing harsher charges for an infraction. Once again, an individual may be charged with various degrees of assault, ranging from I to IV, and an assault charge may result in a conviction ranging from a Class A Misdemeanor to a Class A Felony (if the defendant is convicted). Again, in certain instances, it may be best for a defendant to pursue a civil compromise. Hiring a criminal lawyer may also help you to have your charges dropped, or it may aid you in reducing the severity of a conviction and its consequent sentencing. Read more about domestic violence.
Drug Charges ▼
While drug charges are becoming more and more decriminalized in Oregon, there are still severe penalties for various drug charges in our state, especially for delivery and manufacturing charges, as well as some possession charges. Regardless of the severity of the charges held against you, it may be best to pursue defense services from a criminal lawyer in order to protect yourself from unfair persecution and unjust sentencing. Drug charges can result in misdemeanor convictions (for some possession charges) and felony convictions (for most other charges). Here at Donahue Law Firm, we defend those who have been accused of drug infractions, and we’ll strive to have your charges dropped, or your sentence and/or conviction reduced, depending on the best course of action for your individual case. Read more about drug charges.
There are varying crimes related to theft here in the state of Oregon. You may be charged with shoplifting, robbery, or burglary, each of which can result in a different conviction and sentence. Burglary is the most severe charge of that list, since it involves breaking and entering, as well as theft. Those who are charged with a burglary will be facing far more consequences than those who face shoplifting charges. For instance, most burglary crimes are considered felonies, and a conviction may result in fines and fees of up to twenty years in prison and a fine of up to $325,000. Regardless of the severity of the theft charge held against you, it may be best to hire an attorney to defend you. You may be able to have your charges reduced or dropped, and you may be able to pursue a lesser conviction and sentencing. We’ll work with your best interests in mind to try to earn a favorable outcome for your case. Read more about theft and burglary charges.
Violation of Restraining Orders ▼
If you’ve been accused of violating a restraining order, you may face penalties including jail time, probation, and fines. While a violation of a restraining order (or VRO) is not technically considered a criminal charge here in the state of Oregon, it is considered an act of contempt, which may result in punitive measures by the state. A court may issue penalties which can include up to $500 (or 1 percent of the gross annual income of the defendant (whichever is greater), up to six months of jail time, probation, and/or community service requirements, among other penalties. Our attorneys may help you to avoid or minimize these penalties, depending on the circumstances of your case. Read more about violation of a restraining order.
If you have been charged with arson in the first degree, arson in the second degree, or another fire-related crime, you could be facing serious charges. Arson charges (both in the first and second degree) result in felony convictions if the defendant is rendered guilty by a court. Meanwhile, a reckless burning infraction will still be considered a Class A misdemeanor, if a defendant is judged guilty of the crime. Regardless of the infraction at hand, it may be best for an accused individual to seek criminal defense representation to strive to earn a reduced sentence and conviction, or to have the charge dropped altogether. Read more about arson charges.
DUI infractions (or DUII infractions as they’re called here in Oregon) can result in misdemeanor charges or felony charges, depending on the details of the alleged infraction (e.g. if it resulted in an injury), and the criminal history of the accused. A conviction can result in fines, jail time, a revoked license, community service time, and required classes. For repeat offenders, and those who are facing more serious arrest circumstances, the state may pursue a felony DUII conviction. Felony DUIIs may result in up to five years of prison time, and fines of up to $125,000. Felony DUIIs are usually only charged against offenders who have had three or more DUII convictions within the last 10 years. Regardless of your specific charge, we may be able to help. We’ll work in your best interest to try to have your charge reduced (perhaps to reckless driving, for example) or dropped, or to have a lesser sentence and conviction. You can learn more about our DUII defense services.r
Reckless Driving ▼
If you’ve been accused of reckless driving in the state of Oregon, you may be confused about the definition of driving recklessly under Oregon law. You may not even feel as though you were driving recklessly at all. Circumstances may vary from case to case, but you may be able to have your charges dropped, or you may earn a lighter sentence with the help of a criminal lawyer. Reach out to us to go over the details of your case, and to discuss the best plan of action to address your upcoming court proceedings. Read more about reckless driving charges.
Fraud surrounds a number of laws in Oregon, all of which are rather serious crimes. If you’ve been charged with fraud, forgery, or another fraud-related crime, you’re facing a complex court process, as well as the possibility of serious penalties. It may be in your best interest to hire representation to ensure that your court proceedings run smoothly, and you have protection from prosecutors and unjust sentencing. Read more about fraud charges.
What kind of sentence can I expect if I’m convicted?
After a defendant is convicted or pleads guilty, a judge will decide on the appropriate punishment, or sentence, during the sentencing phase of a criminal case. Criminal sentencing for criminal offenses can range from probation and community service to prison. In more complex criminal cases, like those involving felonies, the sentencing judge will usually receive input from the prosecutor, the defense, and the propagation department.
Sentences, however, can vary greatly, depending on the conviction and the trial. For instance, if you were tried and convicted of a drug-related charge, you may have a misdemeanor or felony conviction, depending on the details of the trial. A felony conviction will hold a harsher sentence, which may mean more jail time, higher fees, more community service time, and/or required treatments or classes, among other penalties.
The following are types of sentences that a judge can impose after a guilty judgment is made:
Suspended Sentence ▼
A suspended sentence involves conditions in a probation order for a period of one to three years. The offender who gets a suspended sentence has a conviction registered against them. This means that the offender who gets a suspended sentence will have a criminal record and will have to apply for a pardon to have the conviction removed from their record.
Probation is a court order to do (or not to do) certain things for a period of time. The offender who gets a conditional discharge or a suspended sentence will always have a probation order they must follow. A probation order can be combined with a fine, a conditional sentence, intermittent imprisonment, or imprisonment. The maximum length of a probation order is three years.
Every probation order will have the following conditions:
- Keep the peace and be of good behavior
- Appear in court when ordered by the court
- Tell the court or probation officer about any change of name, address, or job
A fine is an amount of money that an offender must pay to the court. It is different from restitution or a charitable donation. The offender will have a conviction registered against them and will have to apply for a pardon to have the fine removed from their record. A fine can be given instead of, or in addition to, imprisonment, a conditional sentence, or an intermittent sentence.
Short-Term Incarceration ▼
Offenders can be confined in short-term facilities that are usually administered by a local law enforcement agency and that are intended for adults but sometimes hold juveniles before or after adjudication. Offenders usually have a sentence of less than one year or are being held pending a trial, awaiting sentencing, or awaiting transfer to other facilities after a conviction.
Payment of Restitution to the Victim ▼
Victim restitution is money owed to the alleged victim of a crime. As part of the penalty, the defendant is required to pay money to the alleged victim to reimburse them for any damages caused by the crime.
Community Service ▼
Community service, also known as community restitution, is a form of punishment intended to benefit the community that’s been harmed by an offender’s crime. Judges often order offenders to perform community service in addition to, or instead of, other forms of punishment, such as incarceration, fines, or probation.
Drug or Alcohol Rehabilitation for Minor Crimes ▼
Court-ordered rehabilitation requires participation in mental health or substance abuse treatment programs. The requirements of court-ordered addiction treatment vary depending on the severity of a person’s addiction, and authorities say mandated treatment is effective.
Long-Term Incarceration ▼
The offender services determinate federal sentences of 10 or more years in prison following a conviction for a more serious offense.
A life sentence is a prison term that typically lasts for one’s lifetime. Life imprisonment sentences are rare in the federal criminal justice system. Virtually all offenders convicted of a federal crime are released from prison eventually and return to society.
Death Penalty ▼
Congress, as well as any state legislature, may prescribe the death penalty, also known as capital punishment, for capital offenses. The death penalty was banned in the state of Washington in 2018, but the state of Oregon still has the death penalty, as it is governor-imposed.
When Should I Reach Out To A Criminal Law Attorney?
If you want to protect your rights and if you’re confused about your upcoming court case and the charges that you face, it’s best to seek consultation from an attorney right away. Here at Donahue Law Firm, we provide free consultations so that you may have a better understanding of the charges held against you and what to expect as your trial approaches.Please do not hesitate to contact us today if you would like unmatched legal protection.
Can I Expunge My Record of an Arrest, Charge, Or Conviction?
It depends. In many cases we are able to expunge your criminal record, but doing so depends on requirements laid out in Oregon statutes. For instance, if you’ve been convicted of an assault conviction, you may or may not be able to have your record expunged, depending on the severity of the conviction, and whether or not you fulfill Oregon’s eligibility requirements. You’ll also have to petition to a judge to have your record expunged, and you may or may not receive an expungement per his/her judgment. If you’re curious about expungement or how a conviction can affect your record, read more about criminal expungement, or feel free to reach out to us.
If you’re facing a criminal charge, you may not know your rights, and you may be concerned about what to expect in your upcoming court dates. It’s often best not to defend yourself. We’ll work with you to determine the best plan of action to strive to earn a positive outcome for your case. We always work with your best interests in mind as we protect your rights and defend you against unjust consequences. If you’re ready to get started, feel free to get in touch with a criminal lawyer for a free consultation so that we can help you to better understand your options.