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Oregon Criminal Defense Laws

Oregon classifies felonies into Classes A, B, and C, plus unclassified felonies with specific statutory penalties. Misdemeanors follow the same A/B/C structure. Oregon was the first state to decriminalize small amounts of marijuana (1973) and passed Measure 110 in 2020 to decriminalize personal possession of all drugs — however, HB 4002 (2024) reversed Measure 110, recriminalizing drug possession as a Class A misdemeanor. Oregon has no death penalty (abolished by voter initiative in 1964, reinstated 1978, and effectively ended by gubernatorial moratorium since 2011, with voters approving Measure 112 in 2022 removing it from the constitution).

Last verified: 2026-02-25

Statute of Limitations

No limit for murder/aggravated murder; 6 years for most felonies; 2 years for misdemeanorsORS § 131.125

Murder and aggravated murder have no statute of limitations. Most Class A and B felonies must be charged within 6 years. Class C felonies within 3 years. Misdemeanors within 2 years. Violations within 6 months.

Exceptions

Sex Crimes12 years or no limitORS § 131.125(8)-(9)

Sex crimes against minors have a 12-year statute of limitations or until the victim turns 30, whichever is longer. First-degree sex crimes have no statute of limitations.

DUII2 yearsORS § 813.010

DUII (Driving Under the Influence of Intoxicants) is a Class A misdemeanor for the first two offenses within 15 years. Third offense within 15 years is a Class C felony.

Key Oregon Statutes

Class A: up to 20 years. Class B: up to 10 years. Class C: up to 5 years. Measure 11 (ORS § 137.700) mandates minimum sentences for certain violent and sex offenses: 25 years for murder, 7.5–10 years for Assault I and Robbery I, 8.3 years for Sex Abuse I.

Misdemeanor SentencingORS § 161.615

Class A: up to 1 year jail, $6,250 fine. Class B: up to 6 months jail, $2,500 fine. Class C: up to 30 days jail, $1,250 fine.

Drug Possession (HB 4002 / Post-Measure 110)ORS § 475.752 (as amended by HB 4002, 2024)

HB 4002 (2024) reversed Measure 110's drug decriminalization. Personal possession of controlled substances is now a Class A misdemeanor (up to 1 year jail). The law provides a "deflection" pathway where defendants can enter treatment instead of incarceration.

Record ExpungementORS §§ 137.225, 137.226

Most Class C felonies eligible for expungement after 7 years, Class B after 20 years. Misdemeanors after 3 years. Marijuana convictions may be eligible for immediate expungement under SB 397 (2021). Class A felonies and person felonies are generally not eligible.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Oregon Legislature — Criminal Code. For advice about your specific situation, consult a licensed attorney.

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