Aggressive Ballot Measure 11 & Felony Representation
In 1994, Oregon voters passed Ballot Measure 11, establishing mandatory minimum sentences for specific violent crimes. Since then, Measure 11 crimes carry the most severe penalties in the state.If you are convicted of a Measure 11 crime, you face a mandatory prison sentence, even if you have no previous criminal record. The shortest sentence for a Measure 11 crime is 70 months. The longest sentence is 300 months.This prison time cannot be reduced by early release or any other time-reduction programs. In other words, you will spend every day of your sentence incarcerated.In short, being charged with a Measure 11 crime is a very serious matter. Your long-term freedom is on the line.
Ballot Measure 11 (BM11) and felonies are very serious charges that require immediate representation from experienced legal professionals. At Siefman Law LLC, we are proud to offer knowledgeable services and aggressive defense for our clients in and around the Portland area who have been charged with BM 11 and felony crimes. When you work with our firm, we will develop a personalized strategy unique to your case, and protect your rights and freedoms to the best of our ability.
When a person is charged with a BM11 crime, they will face high mandatory bail amounts and may be unable to get out of custody. BM11 requires that 15, 16, and 17 year olds charged with certain crimes be automatically charged as adults. Conviction for these crimes require lengthy mandatory prison terms that are not eligible for credits or other time reductions.
Are You Facing Serious Criminal Charges? Contact us for a free consultation – (503) 395-2135
Is Bail Possible For Measure 11 Charges?
Bail in most Measure 11 cases is usually set high – upwards of $250,000 or more. Your Measure 11 attorney will work aggressively to reduce the amount of bail that is imposed upon you so that you can remain free and with your family while your case is proceeding towards trial or settlement.
Under Oregon’s Statues the lowest amount for bail under Measure 11 is $50,000.00, however, case law has ruled this provision unconstitutional under certain circumstances. Our lawyer has had success getting Measure 11 bails reduced as low as $5,000.00 and in some cases $0.
Oregon does not have bail bondsman so you would have to post 10% of any set bail amount to be released.
What Is The “Escape Clause” For Measure 11 Charges?
In 1997, the Oregon legislature enacted a law that allowed a judge to deviate from the mandatory sentences mandated by Measure 11 under very specific circumstances. These so-called “escape clauses” include:
- Assault in the second degree when the victim was not injured by a weapon and did not suffer significant physical injuries;
- Kidnapping in the second degree when the victim was older than 12 years of age;
- Manslaughter in the second degree when a child dies because the parents provided spiritual instead of traditional medicine;
- Robbery in the second degree when the victim did not suffer a significant physical injury and was not in fear of imminent physical injury from a dangerous weapon;
- Unlawful sexual penetration in the second degree when the victim is 12 years of age or older, the defendant was no more than five years older than the victim, that the offense did not include another minor victim, the lack of consent was due only to the victim’s age, and the unlawful sexual penetration was with the finger of the defendant and nothing else; and
- Rape in the second degree, sodomy in the second degree, or sexual abuse in the first degree when the victim is at least 12 but less than 14 years old, the defendant is not more than five years older than the victim, that the offense did not include another minor victim, and the lack of consent was due only to the victim’s age.
The court must also make a finding on the record that a substantial and compelling reason under the rules of the Oregon Criminal Justice Commission justifies the lesser sentence.
Ballot Measure 11 Crimes and Mandatory Sentences
|Aggravated vehicular homicide||240 Months|
|Arson in the first degree (when it represented a threat of serious physical injury)||90 Months|
|Assault in the first degree||90 Months|
|Assault in the second degree||70 Months|
|Attempt or conspiracy to commit aggravated murder||120 Months|
|Attempt or conspiracy to commit murder||90 Months|
|Compelling prostitution||70 Months|
|Kidnapping in the first degree||90 Months|
|Kidnapping in the first degree (during the commission or attempted commission of a serious sex crime)||300 Months|
|Kidnapping in the second degree||70 Months|
|Manslaughter in the first degree||120 Months|
|Manslaughter in the second degree||75 Months|
|Rape in the first degree||100 Months|
|Rape in the first degree (if the victim is under 12 years of age and the defendant is 18 or older)||300 Months|
|Rape in the second degree||75 Months|
|Robbery in the first degree||90 Months|
|Robbery in the second degree||70 Months|
|Sexual abuse in the first degree||75 Months|
|Sodomy in the first degree||100 Months|
|Sodomy in the first degree (if the victim is under 12 years of age and the defendant is 18 or older)||300 Months|
|Unlawful sexual penetration in the first degree||100 Months|
|Unlawful sexual penetration in the first degree (if the victim is under 12 years of age and the defendant is 18 or older)||300 Months|
|Using a child in a display of sexually explicit conduct||70 Months|
Non Ballot Measure 11 felony crimes carry significantly higher penalties than misdemeanor cases and the consequences you could face may have life-changing impacts, such as the inability to possess firearms. Our Portland criminal lawyers can seek out the best possible outcome for your individual case. At our firm, we are proud to have assisted countless clients in defending their rights and achieving positive outcomes in their felony cases in a timely and efficient manner.
How A Lawyer Can Help You Defend Against A Measure 11 Charge
Having an experienced criminal defense attorney on your side is a necessity if you’ve been charged with a Measure 11 crime. An experienced attorney will organize your defense and make sure that your version of what happened gets heard. In general, a successful defense against a Measure 11 charge will consist of the following:
An experienced Measure 11 attorney knows that a successful defense requires information. The more information that can be collected about the charges against you, the more powerful your defense will be. That’s why your Measure 11 attorney will engage an investigator to assist in gathering relevant evidence, talk to witnesses, and look for weaknesses in the state’s case against you.
If the investigation is one prong of your defense, legal research is the other. While investigations use factual challenges to attack the state’s case, legal research uses legal challenges to the same end. That’s why your defense attorney will look into the law pertinent to the charges against you, and determine if any legal or procedural defenses can be used for your benefit.
Investigation and research are only a part of a successful defense. Clear communication with you, the client, is also essential to managing your case. This is a difficult time for you and your family. Having a solid understanding of how your defense is proceeding and what your options are at any given point is necessary to decrease fear and reduce stress.
Even though you have been charged with a Measure 11 crime, a Measure 11 sentence may not be the only option. If you have no criminal history, did not use a gun during the alleged offense, and are charged with a second-degree crime, it can be possible to plead guilty to a non-Measure 11 charge and get a much lower sentence. Under these circumstances, you would also be eligible for an additional reduction of any jail time, as well as any early release programs. Accepting a plea bargain is never easy, but your defense attorney will make sure that you are aware of all of the consequences of any decision you make.
If a settlement is not an option, your Measure 11 defense attorney will be prepared to take your case to trial. Using the fruits of their investigation and legal research, your attorney will present a cogent and powerful defense designed to obtain the best possible results.
Schedule a Consultation Now
Are you ready to begin working toward a favorable resolution to your BM11 or felony case? If so, now is the time to contact us.
We are proud to offer:
- Free case evaluations over the phone or in person;
- Aggressive representation;
- A track record of success;
- Compassionate and zealous advocacy; and
- A personalized strategy for your case.
You need to protect your rights! After an arrest, you can rely on our team. Our firm has been highly recommended by previous clients, and we will work to help you reach a positive resolution for your situation.