General Provisions

ORS 161.705
Reduction of certain felonies to misdemeanors


(1)

Notwithstanding ORS 161.525 (“Felony” described), the court may enter judgment of conviction for a Class A misdemeanor and make disposition accordingly when:

(a)

(A) A person is convicted of any Class C felony; or

(B)

A person convicted of a Class C felony, of possession or delivery of marijuana or a marijuana item as defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545) constituting a Class B felony, of possession of a controlled substance constituting a Class B felony or of a Class A felony pursuant to ORS 166.720 (Racketeering activity unlawful), has successfully completed a sentence of probation; and

(b)

The court, considering the nature and circumstances of the crime and the history and character of the defendant, believes that a felony conviction would be unduly harsh.

(2)

The entry of judgment of conviction for a Class A misdemeanor under this section may be made:

(a)

At the time of conviction, for offenses described in subsection (1)(a)(A) of this section; or

(b)

At any time after the sentence of probation has been completed, for offenses described in subsection (1)(a)(B) of this section. [1971 c.743 §83; 1977 c.745 §31; 1979 c.124 §1; 1981 c.769 §8; 2005 c.708 §48; 2009 c.610 §2; 2013 c.591 §5; 2015 c.290 §2; 2015 c.614 §125; 2017 c.21 §100; 2018 c.120 §11]

Notes of Decisions

By enacting this section, the legislature intended to authorize a compromise of all Class C felonies which could be punished "as a misdemeanor." State v. Dumond, 270 Or 854, 530 P2d 32 (1974)

Imposition of one-year jail term upon conviction of criminal activity in drugs was within maximum sentence authorized for crime, was imposed after defendant had violated probation, and did not shock the conscience. State v. Davis, 31 Or App 439, 570 P2d 683 (1977), Sup Ct review denied

Where defendant was found guilty of Class C felony, but judgment of conviction for Class A misdemeanor was entered under this section, defendant could be impeached under Evidence Code Rule 609 (1), having been convicted of crime punishable in excess of one year. State v. Smith, 298 Or 173, 691 P2d 89 (1984)

§§ 161.705 to 161.735

Notes of Decisions

By enacting this section, the legislature intended to authorize a compromise of all Class C felonies which could be punished "as a misdemeanor." State v. Dumond, 270 Or 854, 530 P2d 32 (1974)

Imposition of one-year jail term upon conviction of criminal activity in drugs was within maximum sentence authorized for crime, was imposed after defendant had violated probation, and did not shock the conscience. State v. Davis, 31 Or App 439, 570 P2d 683 (1977), Sup Ct review denied

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