Ballot Measure 11 Crimes in Oregon
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 |
| 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 |
No-Cost Phone Consultation
I am an experienced Ballot Measure 11 attorney with significant negotiating and courtroom experience. I offer a “no surprise” flat fee arrangement so you know upfront what you are going to pay for my representation.
Call me at 503-967-3119 to schedule your no-cost phone consultation about your charges. You can also email me to request a phone consultation.