General Provisions

ORS 161.585
Classification of certain crimes determined by punishment


(1)

When a crime punishable as a felony is also punishable by imprisonment for a maximum term of one year or by a fine, the crime shall be classed as a misdemeanor if the court imposes a punishment other than imprisonment under ORS 137.124 (Commitment of defendant to Department of Corrections or county) (1).

(2)

Notwithstanding the provisions of ORS 161.525 (“Felony” described), upon conviction of a crime punishable as described in subsection (1) of this section, the crime is a felony for all purposes until one of the following events occurs, after which occurrence the crime is a misdemeanor for all purposes:

(a)

Without imposing a sentence of probation, the court imposes a sentence of imprisonment other than to the legal and physical custody of the Department of Corrections.

(b)

Without imposing a sentence of probation, the court imposes a fine.

(c)

Upon revocation of probation, the court imposes a sentence of imprisonment other than to the legal and physical custody of the Department of Corrections.

(d)

Upon revocation of probation, the court imposes a fine.

(e)

The court declares the offense to be a misdemeanor, either at the time of imposing a sentence of probation, upon suspension of imposition of a part of a sentence, or on application of defendant or the parole and probation officer of the defendant thereafter.

(f)

The court imposes a sentence of probation on the defendant without imposition of any other sentence upon conviction and defendant is thereafter discharged without any other sentence.

(g)

Without imposing a sentence of probation and without imposing any other sentence, the court declares the offense to be a misdemeanor and discharges the defendant.

(3)

The provisions of this section shall apply only to persons convicted of a felony committed prior to November 1, 1989. [1971 c.743 §73; 1987 c.320 §85; 1989 c.790 §52; 1993 c.14 §18; 2005 c.264 §15]

Notes of Decisions

Where defendant was convicted of being ex-convict in possession of firearm under ORS 166.270 and sentenced to maximum one year term, he had not been accorded misdemeanor treatment under this section. State ex rel Redden v. Davis, 288 Or 283, 604 P2d 879 (1980)

Provision that felony is automatically reduced to misdemeanor at sentencing if court imposes only fine is superseded by ORS 166.270 for purposes of determining whether person is felon in possession of firearm. Koennecke v. Lampert, 198 Or App 444, 108 P3d 653 (2005), Sup Ct review denied

§§ 161.505 to 161.585

Law Review Citations

51 OLR 433 (1972)

Chapter 161

Notes of Decisions

A juvenile court adjudication of whether or not a child committed acts which would be a criminal violation if committed by an adult must necessarily include an adjudication of all affirmative defenses that would be available to an adult being tried for the same criminal violation. State ex rel Juvenile Dept. v. L.J., 26 Or App 461, 552 P2d 1322 (1976)

Law Review Citations

2 EL 237 (1971); 51 OLR 427-637 (1972)

Chapter 161

Criminal Code

(Generally)

Notes of Decisions

Legislature's adoption of 1971 Criminal Code did not abolish doctrine of transferred intent. State v. Wesley, 254 Or App 697, 295 P3d 1147 (2013), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021