Oregon Measure 11 Crimes

Oregon Measure 11 crimes (“M11”) are a list of crimes that were modified in the mid-1990s to require mandatory minimum prison sentences. Measure 11 received it’s name from the citizens’ initiative label it was given when placed on the ballot in 1994.

Measure 11 has been a controversial law because it’s debatable as to whether or not it’s reduced violent crime in the state, but there is no debate that it’s sharply increased the number of people in prison.

Oregon Measure 11 Crime Seriousness

Measure 11 offenses are the most serious felonies in Oregon’s criminal code. The distinguishing feature of Measure 11 offenses is that they are punishable by a mandatory minimum prison sentence of between 70 and 300 months. Unlike many states which have lengthy prison sentences that are never really served, defendants convicted of Oregon Measure 11 offenses are almost always required to serve every day of the sentence and there is no reduction for “good time” or “good behavior.”

List of Measure 11 Crimes in Oregon

The list of Oregon Measure 11 crimes includes the following:

• Arson I (Arson 1 / Arson in the First Degree) – ORS 164.325
• Assault I (Assault 1 / Assault in the First Degree) – ORS 163.185
• Assault II (Assault 2 / Assault in the Second Degree) – ORS 163.175
• Attempted Murder – ORS 163.115 and see ORS 161.405
• Attempted Aggravated Murder – ORS 163.095 and see ORS 161.405
• Compelling Prostitution – ORS 167.017
• Kidnapping I (Kidnapping 1 / Kidnapping in the First Degree) – ORS 163.235
• Kidnapping II (Kidnapping 2 / Kidnapping in the Second Degree) – ORS 163.225
• Manslaughter I (Manslaughter 1 / Manslaughter in the First Degree) – ORS 163.118
• Manslaughter II (Manslaughter 2 / Manslaughter in the Second Degree) – ORS 163.125
• Murder – ORS 163.115
• Rape I (Rape 1 / Rape in the First Degree) – ORS 163.375
• Rape II (Rape 2 / Rape in the Second Degree) – ORS 163.365
• Robbery I (Robbery 1 / Robbery in the First Degree) – ORS 164.415
• Robbery II (Robbery 2 / Robbery in the Second Degree) – ORS 164.405
• Sexual Abuse I (Sexual Abuse 1 / Sexual Abuse in the First Degree) – ORS 163.427
• Unlawful Sexual Penetration I (Sexual Penetration 1 / Sexual Penetration in the First Degree) – ORS 163.411
• Unlawful Sexual Penetration II (Sexual Penetration 2 / Sexual Penetration in the Second Degree) – ORS 163.408
• Sodomy I (Sodomy 1 / Sodomy in the First Degree) – ORS 163.405
• Sodomy II (Sodomy 2 / Sodomy in the Second Degree) – ORS 163.395
• Use of Child in Display of Sex Act – ORS 163.670

Consequences of an Oregon Measure 11 Charge

These are some of the consequences one charged with Measure 11 crimes will face:

• A mandatory prison sentence, regardless if you have a clean criminal record before. 
• A prison time that cannot be reduced with early releases, “good time,” or “good behavior.”
• A high mandatory bail amount of at least $250,000.
• A bleak chance of getting out of custody.

In other words, your long-term freedom will be on the line, as you’ll inevitably face every day of your sentence behind bars, unlike other states that never really serve lengthy prison sentences.

Moreover, juveniles are not exempt from Measure 11 charges. While Oregon offers flexibility for some Juvenile Measure 11 cases (e.g., allowing Second Look hearings), any person older than the age of 15 that is accused of a Measure 11 crime will be tried, convicted, and punished as an adult.

A Detailed List of Measure 11 Crimes in Oregon

Measure 11 charges are one of the most serious threats you might face in your lifetime, impacting your reputation and livelihood entirely. Given this, it’s imperative that you partner with the best legal-defense team from the very start of the investigation to ensure proper handling of the situation.

Here is a list of all Oregon Measure 11 crimes with their respective mandatory sentences:

Definition of Terms

We also understand that you may not be familiar with certain terms. So we’ve listed the definitions for most of the crimes listed above for you to comprehend in full:

• Arson: This is the willful and malicious burning of another person’s dwelling place. Some jurisdictions will define arson slightly differently and more specifically than others. Moreover, the severity of punishment for committing arson is based on the level of danger the crime posed.
• Assault: You have the legal right to defend yourself to ensure your safety, but there are limits to what’s considered self-defense. If you willfully attempt to cause harm to another person physically, you may be charged for assault. 
• Manslaughter: This is the legal term for the intentional killing of another person. Manslaughter is different from murder, in that the latter includes an intent of malice. Though malice isn’t always present in manslaughter situations, killing another human being still warrants a heavy penalty.
• Murder: Murder is the unlawful, premeditated killing of another human being with malicious intent that ultimately led to the taking of another being’s life. It goes without saying that those convincted of murder will face severe consequences.
• Sex Crimes: Prostitution, rape, sexual abuse, unlawful sexual penetration, sodomy, and use of a child in display of a sexual act are all categorized as sex crimes. Both men and women can be charged of these acts, where even allegations can pose repercussions like a national registration as a sex offender in a public database.
• Vehicular Homicide: This crime is the unlawful or negligent operation of a vehicle that results in the death of another person. It is also called automobile homicide or vehicular manslaughter in some cases. The driver is either criminally negligent or has murderous operation in place.

If there are other terms that are unfamiliar to you, reach out to our team and we’ll do our best to explain your specific situation in a way that’s easier to grasp. We’ll ensure that you completely understand the crime charges for you to know the exact next steps to take.

“Escape Clause” for Measure 11 Charges

Now, the Oregon legislature has enacted a law in 1997 to allow a judge to deviate from the mandatory sentences—however, only under very specific circumstances. These are called “escape clauses” and only applies in the following situations:

• Assault in the second degree (assault II) where the victim was not injured by a weapon or suffered any significant physical injuries
• Kidnapping in the second degree (kidnapping II) where the victim is older than 12 years old
• Manslaughter in the second degree (manslaughter II) where the child dies due to their parents providing spiritual medicine in place of traditional means
• Robbery in the second degree (robbery II) where the victim did not suffer any significant physical injury and was not threatened or in fear of imminent physical harm from a weapon
• Unlawful sexual penetration in the second degree (unlawful sexual penetration II) where the victim is 12 years old or older, the defenant is no more than five years older than the victim, the lack of consent is due only to the victim’s age, the crime did not involve another minor victim, and that the offence was with the mere finger of the defendant (not another item)
• Rape in the second degree (rape II), sodomy in the second degree (sodomy II), or sexual abuse in the first degree (sexual abuse I) where the victim is a between the age of 12 to 14, the defendant is not more than five years older than the victim, the lack of consent is due only to the victim’s age, and the crime did not involve another minor victim

Note that the court must also find on the record that there are substantial and compelling reasons under the Oregon Criminal Justice Commission to justify the lesser sentence for a Measure 11 crime. This is also why having a legal representation that is knowledgeable and experienced with Measure 11 defense is key to handling any Measure 11 cases.

How a Lawyer Can Help You in a Measure 11 Charge

Being charged with a Measure 11 crime can be confusing and overwhelming, which is why it’s best to have an experienced attorney organize your defense and ensure that your side of the story is heard. These are the things our team will do for you for a successful defense against a Measure 11 charge:

• Investigation: We’ll collect as much information as possible and necessary to go against your charges. Your defense team will engage with an investor to assist in gathering evidence, talking to witnesses, and looking for any weaknesses in the case against you.
• Legal Research: While investigations for factual challenges are ongoing, we’ll also conduct legal research to use legal challenges to attack from another end. We’ll look into the laws pertinent to your charges, and determine any possible legal or procedural defenses that can give you more advantage.
• Communication: Given that Measure 11 charges inevitably pose a difficult situation for you and your family, we’ll ensure clear communication with you and other people involved when managing your cases. You’ll understand how your defense is progressing, what options you have at any given point, and know other ways to decrease your fear and stress.
• Settlement: A Measure 11 sentence may not be your only option when charged with a Measure 11 crime. For example, if you have zero criminal history, did not use a gun during the offense, and are only charged with a second-degree crime, there is a good chance that you can plead guilty and receive a lower sentence with reduced jail time. Accepting a plea bargain isn’t easy, but we’ll ensure that you’re aware of the options and consequences before making any decision.
• Trial: If settlement is not on the table, we’ll also be ready to take your case to trial. With all the information we’ve gathered while investigating and conducting legal research, we’ll present a powerful defense against the opposition to obtain the best possible results for you.

Having a legal representation capable of handling Measure 11 cases in Oregon is your best bet to come out of the situation with the best results. This is crucial, especially with how significant Measure 11 penalties are compared to other misdemeanor cases.

Hire An Oregon Measure 11 Attorney

If you are facing an Oregon Measure 11 charge, you should contact an attorney immediately. 

The seriousness of a possible Measure 11 conviction cannot be overstated. Only select attorneys in Oregon are qualified to handle Measure 11 offenses so make sure to inquire of any attorneys you speak with if they’ve handled Measure 11 offenses before. 

Attorney Michael Romano has experience dealing with Measure 11 offenses for over 20 years. He regularly uses private investigators and expert witnesses to fight Measure 11 charges head-on for a dismissal or acquittal, and in some cases to pursue plea negotiations which drop out of Measure 11 sentences. We also offer confidential and no-obligation initial consultations at a moderate fee. 

Work with our team to develop a personalized strategy for your case, protecting your rights and freedoms during this crucial time. Please contact our office for more details.

If you are facing an Oregon Measure 11 charge, you should contact an attorney immediately. The seriousness of a possible Measure 11 conviction cannot be overstated. Only select attorneys in Oregon are qualified to handle Measure 11 offenses so make sure to inquire of any attorneys you speak with if they’ve handled Measure 11 offenses before. Attorney Michael Romano has experience dealing with Measure 11 offenses for over 22 years. He regularly uses private investigators and expert witnesses to fight M11 charges head-on for a dismissal or acquittal, and in some cases to pursue plea negotiations which drop out of M11 sentences.

We offer confidential and no-obligation initial consultations at a moderate fee. Please contact our office for more details.