Violent crimes are the most serious offenses in Bend, Oregon’s criminal justice system. Simply being accused of a violent crime will carry life-altering consequences, and if you’re ultimately convicted, you could be staring down the state’s strict mandatory minimum sentences. The stakes are high, and you need a vigorous defense to protect your rights, dignity, and future. Contact Attorney Michael R. Hughes of The Hughes Companies for a consultation to discuss your situation.
Violent Crimes and Measure 11
In 1994, Oregon voters approved Measure 11, sometimes called “One Strike You’re Out,” in a 65 to 34 percent landslide. It’s now codified within Chapter 137 of the Oregon Revised Statutes.
Measure 11 implemented mandatory minimum sentences for many violent crimes in the state, including the following:
- Second-Degree Assault, Arson, Robbery, and Kidnapping – 70 months
- First-Degree Arson, Assault, Robbery, and Kidnapping – 90 months
- Second-Degree Rape – 75 months
- First-Degree Rape – 100 months
- Attempted Murder – 90 months
- Attempted Aggravated Murder – 120 months
- Second-Degree Murder – 300 months
- First-Degree Murder – 360 months
These mandatory minimum sentences apply to anyone over 15 and do not come with the possibility of parole or good behavior credits.
The Consequences of a Violent Crime Conviction
When someone’s convicted of a violent crime, the consequences can extend far beyond the courtroom to reach every aspect of their life. Here’s a list of what’s at stake:
- Jail or Prison Time – Even if a violent crime doesn’t fall under the Measure 11 guidelines, it can still lead to a lengthy sentence.
- Hefty Fines – The monetary penalties from a violent crime conviction can harm your financial future.
- Permanent Record – Unless you’re exonerated later, convictions appear permanently on your criminal record. This can make it much harder for you to get hired for a new job, apply for different housing, pursue educational opportunities, or take out a loan.
- Loss of Rights – Felons can vote in Oregon once they are no longer incarcerated. However, they will still lose the ability to serve on juries and possess firearms.
- Travel Restrictions – Many countries have travel restrictions for convicted felons. If you travel abroad, you may face additional background checks or be denied entry at the border.
- Immigration Repercussions – A convicted non-citizen could be deported from the U.S. under certain circumstances.
Common Violent Crime Defenses
Your lawyer will evaluate your case’s circumstances to determine what specific defenses may apply. However, a few commonly used strategies include the following:
- Self-Defense – Your lawyer may claim your acts were essential to protect you or someone else from imminent bodily harm.
- Lack of Intent – Juries are often required to find that someone knowingly and willingly committed an offense to return a conviction. Your lawyer might try to prove that you did not intend to commit the act.
- Mistaken Identity – Sometimes, law enforcement mistakenly arrests and charges an innocent bystander or the wrong person with the same name. If your lawyer believes the prosecution has the wrong person, they will try to prove it.
- Constitutional and Procedural Violations – The jury in your case must decide their verdict based on legal and constitutionally admissible evidence. Evidence obtained through an illegal interrogation or an unconstitutional search is not admissible in court. Your lawyer can object to evidence where appropriate.
- Alibis – If you can prove that you were someplace else when the crime happened, you have an alibi for your lawyer to incorporate into your defense.
The Legal Process for Violent Crime Cases
Your lawyer will represent your interests at all stages of the legal process. Understanding how each step of the process works can help relieve some of the stress you might be feeling.
Arrest and Arraignment
The process begins when you are arrested and booked. A detective may question you while you’re in custody. Do not say anything without your attorney present.
Depending on your specific charges, you may be eligible for pre-arraignment release with special conditions. If you were charged with a Measure 11 offense or anything related to domestic violence, you will stay in custody until your arraignment.
At the arraignment, you’ll hear about your charges and enter a plea. The presiding judge or magistrate may set conditions for pretrial “security release.” Remember that arraignment is only about the charges, not the case itself. Therefore, you do not have to and should not say anything about the facts of the case.
Pretrial Motions
Before the trial, your lawyer will evaluate the evidence the prosecution plans to use. They may move to suppress evidence or dismiss the charges at this time.
Prosecutors may offer you a plea deal before the trial. If you agree to plead guilty, you may face a lesser charge or sentence. However, you should always get your lawyer’s advice before accepting a plea deal.
The Trial
If both sides can’t reach a plea agreement and the charges haven’t been dismissed, your case will go to trial, and your lawyer will defend you before a jury. Either side may ask you to testify for the record, but once again, you should follow your lawyer’s advice.
If the jury acquits you, the process ends, and you cannot be prosecuted again for the same incident. However, if you’re convicted, the judge will determine your sentence based on Measure 11 and the severity of the offense.
Contact an Oregon, Violent Crime Defense Attorney
If you’ve been charged with a violent crime in Bend, OR, don’t wait to hire a skilled attorney for your defense. As a former adjunct criminal law professor, he prides himself in being prepared and taking a thorough, strategic approach to each defense he builds. Contact The Hughes Companies today for a confidential consultation to discuss your case and learn more about how a criminal defense attorney will fight to protect your rights and freedom.