Oregon Felony Reduction

If your felony conviction is a Driving Crime, or if you are not yet eligible to have it Set Aside, oftentimes a Felony Reduction to Misdemeanor is the best route to restore your rights to purchase and possess firearms. 

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Class A Felony in Oregon 

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In Oregon, a Class A felony is considered one of the most serious types of crimes. Sentencing for a Class A felony can include up to 20 years in prison, fines up to $375,000, or both. First-degree offenses include assault, rape, arson, and kidnapping.

You can not purchase or own a firearm if you have been convicted of a Class A felony in Oregon. 

Class B Felony in Oregon 

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A Class B felony includes serious crimes but is considered less severe than Class A felonies. Sentences for Class B felonies can range up to 10 years in prison, with fines up to $250,000. Examples of Class B felonies include certain drug offenses (such as manufacturing or distributing controlled substances), extortion, possession of child pornography, second-degree manslaughter, and aggravated theft. 

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The majority of Class A felonies as well as some Class B felonies cannot be expunged or set aside from your record. 

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What is a Class C Felony in Oregon? 

A Class C felony in Oregon represents the category of crimes that are less severe than Class A and B felonies but still carry significant legal consequences. For those convicted of a Class C felony, the law stipulates a maximum sentence of up to 5 years in prison and fines that can reach up to $125,000. 

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You are eligible to file a motion to reduce any class C felony under Oregon law. This level of felony encompasses a variety of offenses including, but not limited to third-degree assault, first-degree theft, DUII third offense, and hit-and-run injury. 

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These crimes, while serious, are often considered with a view toward rehabilitation and the circumstances under which they were committed. The sentencing for Class C felonies is influenced by the details of the offense and the individual's prior criminal history. 

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What is ORS 161.705 and How Does It Apply to Felony Reduction?

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Under ORS 161.705, you can file a motion to attempt to reduce your felony conviction to a lesser misdemeanor conviction. This is referred to as felony reduction. Reduction is especially useful for driving crimes and in other cases where expungement isn’t a viable option. 

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When someone seeks to have their felony conviction reduced, the court considers various factors to determine the appropriateness of such a reduction. ORS 161.705 is relevant in this context because it outlines the criteria and discretion courts have in imposing sentences, including the potential for reducing a sentence from the maximum allowed by law. There isn’t any period of time limit you must wait before applying for a reduction. Keep in mind that reduction can only be done for Oregon convictions. 

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What is ORS 811.182? 

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ORS 811.182 is a statute that deals with the offense of driving while your license is suspended or revoked. If a person is caught driving under such a suspension or revocation, and it's not their first offense, ORS 811.182 allows for the possibility of felony charges. If an individual has been convicted of a driving-related offense that is categorized as a Class C felony under Oregon law—potentially due to repeated violations or the severity of the offense—there may be opportunities for sentence modification or reduction based on various factors. These factors might include behavior, rehabilitation efforts, and compliance with legal requirements post-conviction. 

A successful motion for felony reduction might result in the offense being reclassified to a lesser charge, which could have significant implications for the individual’s legal status and rights, including driving privileges. However, it's important to note that ORS 811.182 primarily establishes the criteria for charging the offense.

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Because Oregon laws allow Class C Felonies to be reduced it is important to explain to the Court how a felony is 'unduly harsh'. It would be very helpful to explain to us, and then to the Court how:

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• The felony conviction makes it difficult to obtain employment in your field

• You have been denied promotions or jobs based on the felony conviction

• You have been denied or excluded from housing opportunities based on the felony conviction

• You are unable to volunteer at schools or coach sports

• You are unable to shoot or hunt with a firearm

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More Help In Reducing Your Felony

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Similar to Gun Right Restoration it can be helpful to use letters of support from friends or families.  A template or roadmap for the felony reduction letter can be found; here

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All of these reasons, and more, may be what makes your felony conviction 'unduly harsh'.  That is the standard for reducing the crime.  Similar to expungements, it is important that you completed the sentence of the Court, paid back restitution, and completed any treatment that was necessary of you.  If you have completed all the necessary courses, classes and paid all fines and fees the lawyers at Oregon Gun Law can aide in reducing your crime to a Misdemeanor and Restore your Rights to Purchase and Possess Firearms. 

*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.