MEDFORD PROPERTY CRIMES
Medford Oregon Property Crimes Lawyer
The team at Kollie Law can assist you in a wide variety of property crimes, ranging from shoplifting to embezzlement, burglary, and identity theft.
Property crimes can range from low-level misdemeanors to high-level felonies. It is not uncommon in cases of multiple thefts, for the state to aggregate the charges to increase the severity of the charge and penalty a person could be facing. In other cases that fall under ORS 137.717, or Oregon’s Repeat Property Offender Statute, a person could be facing a prison sentence based on their prior criminal history.
ORS 137.717 is a statute in Oregon that deals with sentencing guidelines for property crimes. Specifically, it establishes minimum sentences for certain types of property crimes, including theft, burglary, and arson.
Under ORS 137.717, the minimum sentence for a Class C property crime (such as theft in the third degree) is 13 months in prison. The minimum sentence for a Class B property crime (such as burglary in the second degree) is 16 months, and the minimum sentence for a Class A property crime (such as arson in the first degree) is 25 months.
It's worth noting that these are minimum sentences, and judges have some discretion to impose longer sentences depending on the circumstances of the crime and the defendant's criminal history. In addition, ORS 137.717 allows for some exceptions and alternative sentencing options, such as community service or probation, for certain types of property crimes.
Theft crimes range from misdemeanor to felonies. The definition of theft is the unlawful taking of property from another. This could be a shoplift or the unlawful taking of merchandise from a store. It can also be pawning an item that was stolen or receiving (accepting) property that another person took. Embezzlement is used in a business context and usually involves the taking by an employee of business funds or assets.
Burglary is the unlawful entering of a place, without permission to enter, and with the intent to commit a crime. Many people often believe that a break-in must occur for there to be a burglary. That is not the case. Walking into someone’s house through an open door with the intent of taking their houseplant is a burglary.
Burglary is a felony crime. The severity of a burglary can be increased depending on whether the place entered was a dwelling (a home) or if the dwelling was occupied (people were in the home). In addition, burglary is a crime that comes under repeat property offenses.
Burglary in the 1st Degree Oregon Sentence
Burglary in the first degree is a serious property crime in Oregon and is classified as a Class A felony. Under Oregon law, burglary in the first degree is defined as unlawfully entering or remaining in a building with the intent to commit a crime while armed with a deadly weapon or causing or attempting to cause physical injury to another person.
If a person is convicted of burglary in the first degree in Oregon, they face a mandatory minimum sentence of 25 months in prison under Ballot Measure 57, which established mandatory minimum sentences for certain property crimes. The maximum sentence for burglary in the first degree in Oregon is 20 years in prison, along with fines and restitution.
The exact sentence for burglary in the first degree in Oregon depends on a variety of factors, including the defendant's criminal history, the specific circumstances of the crime, and any mitigating or aggravating factors. In addition to prison time, a conviction for burglary in the first degree can have long-lasting consequences, such as difficulty finding employment or housing in the future.
Identity Theft cases can include forgery of a check, using another person’s credit card or identification without permission, and can also involve complex cases of credit card fraud involving computers and other electronics. This is another area where the consequences can range from a misdemeanor to high-level felony and repeat property offenses.
Repeat Property Offenses
These charges include mandatory prison sentences if you have previously been convicted of a property crime. While prior felony or misdemeanor criminal history may trigger a repeat property sentence, a prison sentence can only be ordered with a conviction for a felony crime. There are situations where a person has been charged with multiple offenses, has no prior criminal property convictions, but could still come under the repeat property statute.
These charges include:
Burglary in the First Degree/Burglary in the Second Degree
Aggravated Identity Theft
Theft in the First Degree
Unauthorized Use of a Vehicle
Criminal Mischief in the First Degree
Robbery in the Third Degree
Forgery in the First Degree
Possession of a Forged Instrument in the First Degree
Fraudulent Use of a Credit Card
Possession or Trafficking a Stolen Vehicle
Ballot Measure 57
Ballot Measure 57 was a voter initiative in Oregon that was passed in 2008. It created a new list of crimes that were subject to mandatory minimum sentences, including certain property crimes mentioned below:
1. Theft in the first degree
2. Theft in the second degree
3. Theft in the third degree
4. Aggravated theft in the first degree
5. Burglary in the first degree
6. Burglary in the second degree
7. Aggravated theft of a firearm
8. Unauthorized use of a vehicle
For example, theft in the first degree, which involves theft of property valued at $1,000 or more, is a Class B felony under Oregon law. As such, the mandatory minimum sentence for this crime under ORS 137.717 (as established by Ballot Measure 57) is 16 months in prison. Burglary in the first degree, which involves breaking into a dwelling and committing a crime, is a Class A felony, and carries a mandatory minimum sentence of 25 months in prison under the statute.
It's important to note that Ballot Measure 57 and ORS 137.717 have been controversial in Oregon, with some critics arguing that mandatory minimum sentences are overly harsh and do not effectively address the root causes
of crime. Others argue that they are necessary to deter crime and protect communities. Ultimately, the effectiveness of these laws is a matter of ongoing debate and discussion in Oregon and beyond.
Property Crimes in Oregon
A property crimes lawyer in Medford can help individuals who have been charged with property crimes navigate the legal system and protect their rights. A skilled attorney such as Shawn Kollie can provide legal advice and representation, negotiate with prosecutors, and develop effective defense strategies. They may also be able to help individuals seek alternative sentencing options, such as diversion programs or community service, in lieu of jail time. Ultimately, working with a property crimes lawyer in Medford can increase the chances of a favorable outcome in a criminal case and help individuals move forward with their lives.
Property crimes can be complex, and the facts of each case can vary widely. If you have been charged with any of the crimes listed above, you need the immediate help of an experienced criminal defense attorney. Contact Kollie Law today so that we can help you.