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Misdemeanors

A misdemeanor charge, although not as damaging as a felony, is still a serious matter. A misdemeanor conviction can lead to time in jail, large fines, and disadvantages in achieving future endeavors. Just like with a felony charge, it is very important to have an attorney who cares about your particular situation and is willing to go the distance to protect your rights and your freedom. It's also important that your lawyer understands your charges and the criminal code, and is able explain the charges as well as any available statutory defenses and the possibility of avoiding conviction all together by legal challenges, alternative dispositions, and by means of civil compromise. Civil compromise allows in some instances for people to sort out their problems by way of a civilized agreement and thus dismissing the state's prosecution. The courts sometimes have other means of resolving misdemeanor charges such as community service, diversion programs, and deferred sentencing programs.

At Case & Dusterhoff, LLP we do all that we can to limit your exposure and protect you from the power of the state, and in the right instance attempt civil compromise to avoid conviction.

The following excerpts from Oregon Revised Statues provide statutory information about misdemeanors.

161.545 "Misdemeanor" described: A crime is a misdemeanor if it is so designated in any statute of this state or if a person convicted thereof may be sentenced to a maximum term of imprisonment of not more than one year.

161.555 Classification of misdemeanors. (1) Misdemeanors are classified for the purpose of sentence into the following categories:

•a. Class A misdemeanors;

•b. Class B misdemeanors;

•c. Class C misdemeanors; and

•d. Unclassified misdemeanors.

161.615 Prison terms for misdemeanors. Sentences for misdemeanors shall be for a definite term. The court shall fix the term of imprisonment within the following maximum limitations:

•1. For a Class A misdemeanor, 1 year.

•2. For a Class B misdemeanor, 6 months.

•3. For a Class C misdemeanor, 30 days.

•4. For an unclassified misdemeanor, as provided in the statute defining the crime.

161.635 Fines for misdemeanors. (1) A sentence to pay a fine for a misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding:

•a. $6,250 for a Class A misdemeanor.

•b. $2,500 for a Class B misdemeanor.

•c. $1,250 for a Class C misdemeanor.

161.635 Fines for misdemeanors. (2) A sentence to pay a fine for an unclassified misdemeanor shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the crime.

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