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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