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Ballot Measure 11 Crimes

Some felonies have a mandatory sentence attached to them. When Oregon voters placed mandatory prison sentences on certain crimes in 1994, they took power out of the judges’ hands to issue different sentences based on the unique facts of each case. In some ways, that power was transferred to the District Attorney who has much of the power to plea bargain a case out of the Ballot Measure 11 sentence. If you are guilty of the crime or are found guilty, avoiding a mandatory ballot measure 11 sentence is not easy, but can be accomplished. There are a small number of statutory exceptions you might fit into. There are also factors the court can consider to allow a departure from the mandatory sentence. One way to avoid a Ballot Measure 11 sentence is settlement negotiations. It is occasionally possible to procure a dismissal of the charges when the facts merit it. For instance, sometimes the District Attorney may reduce the charge to an “Attempt,” which moves the crime out of the ballot measure 11 arena. The following table represents the ballot measure 11 offenses:

CRIME MANDATORY MINIMUM CONFINEMENT
Murder 25 years
1st degree Manslaughter 10 years
2nd degree Manslaughter 6 years, 3 months
1st degree Assault 7 years, 6 months
2nd degree Assault 5 years, 10 months
1st degree Kidnapping 7 years, 6 months
2nd degree Kidnapping 5 years, 10 months
1st degree Rape 8 years, 4 months
2nd degree Rape 6 years, 3 months
1st degree Sodomy 8 years, 4 months
2nd degree Sodomy 6 years, 3 months
1st degree Unlawful sexual penetration 8 years, 4 months
2nd degree Unlawful sexual penetration 6 years, 3 months
1st degree Sexual abuse 6 years, 3 months
1st degree Robbery 7 years, 6 months
2nd degree Robbery 5 years, 10 months

 

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