GUIDE TO BALLOT MEASURE 11 LAWS IN THE STATE OF OREGON

My family member was just arrested for an Oregon Ballot Measure 11 offense.  What happens now?

When a person is arrested for a Ballot Measure 11 crime, they are often booked into custody and held unless they are able to post a very high bail amount.  The defendant is then arraigned (the initial court appearance) on the charge(s) the next business day. In some counties and for some BM11 charges, a defendant is released if the State does not believe they are a danger to the community.

How is Ballot Measure 11 significant to my case?

Ballot Measure 11 requires lengthy mandatory minimum penalties for someone convicted of one of a number of specified offenses. 

Another issue:  Ballot Measure 11 charges may result in the defendant being detained in jail until their case is concluded.

How do I know if I've been charged with an Oregon Ballot Measure 11 crime?

Below is a list of Measure 11 offenses (found in ORS 137.700) and the mandatory prison sentence to be imposed if a defendant is convicted of the offense: 

• Murder:  300 month prison term

• Attempt or conspiracy to commit aggravated murder:  120 month prison term

• Attempt or conspiracy to commit murder:  90 months

• Manslaughter in the first degree:  120 months

• Manslaughter in the second degree:  75 months

• Assault in the first degree:  90 months

• Assault in the second degree:  70 months

• Kidnapping in the first degree (standard):  90 months

• Kidnapping in the first degree (committed in furtherance of the commission or attempted commission of a serious sex crime):  300 months

• Kidnapping in the second degree:  70 months

• Rape in the first degree (unless victim under 12 years of age):  100 months

• Rape in the first degree (victim under 12 years of age and defendant 18 or over):  300 months

• Rape in the second degree:  75 months

• Sodomy in the first degree (unless victim under 12 years of age):  100 months

• Sodomy in the first degree (victim under 12 years of age and defendant 18 or over):  300 months

• Sodomy in the second degree:  75 months

• Unlawful sexual penetration in the first degree (unless victim under 12 years of age):  100 months

• Unlawful sexual penetration in the first degree (victim under 12 years of age and defendant 18 or over):  300 months

• Unlawful sexual penetration in the second degree:  75 months

• Sexual abuse in the first degree:  75 months

• Robbery in the first degree:  90 months

• Robbery in the second degree:  70 months

• Arson in the first degree (when the offense represented a threat of serious physical injury):  90 months

• Using a child in a display of sexually explicit conduct:  70 months

• Compelling prostitution:  70 months

• Aggravated vehicular homicide:  240 months

Is there any way to get less prison time on these Oregon Measure 11 offenses?

Sometimes, yes; sometimes, no.  For some of the less serious Measure 11 crimes, the defendant may qualify for a lesser (but still substantial) sentence.  For most Ballot Measure 11 convictions, the court has no choice but to impose, at a minimum, the prison sentences outline above in the defendant is convicted of the charge.

Often, an attorney may be able to obtain a negotiated settlement (plea-bargain) of a Measure 11 charge that can involve being convicted of a lesser offense.  The lesser offense may be a non-Measure 11 offense with less severe penalties. 

Keep in mind that most DA's Offices will not offer a probation sentence on a Measure 11 charge.  Usually, the negotiated settlement involves a prison sentence albeit less prison than a Measure 11 conviction would carry.

Another way to get less (or no) time is to take the case to trial and win or at least beat the Measure 11 charges.  If you're found not guilty of all charges, you will face no sentence / punishment.  If you're found not guilty of the Measure 11 charge(s) but found guilty of other crimes, you will face a sentence but not the lengthy Measure 11 prison time.

Will I be able to civilly compromise a Measure 11 offense?

Unfortunately no.  Ballot Measure 11 crimes are either Class A or Class B felonies and are not subject to dismissal pursuant to a civil compromise.

How do I contact attorney David Lesh for help with my Ballot Measure 11 case?

Mr. Lesh does not charge for an initial consultation.  Call his office at 503.546.2928 to speak with him.  Mr. Lesh's law office is located at 434 NW 19th Avenue in Portland.