Tom Collins

Lawyer
503-648-3020
249 NE Lincoln
Hillsboro OR 97124

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Ballot Measure 11

Oregon voters passed Ballot Measure 11, a mandatory sentencing measure in 1988. This statute calls for prison sentences for certain crimes of violence. Most defendants arrested on these charges are booked into jail with a very high bail amount imposed.

With limited exceptions, those convicted of Ballot Measure 11 offenses serve the entire sentence. The problem is that Judges have no discretion to reduce the sentence, giving the District Attorney substantially more power than in most other criminal cases.

Here is a list of Measure 11 offenses from ORS 137.700 and the mandatory prison sentence to be imposed if a defendant is convicted of the offense:

  • Murder: 300 months
  • Attempt or conspiracy to commit aggravated murder: 120 months
  • Attempt or conspiracy to commit murder: 90 months
  • Manslaughter in the first degree: 120 months
  • Manslaughter in the second degree: 75 months **
  • Assault in the first degree: 90 months
  • Assault in the second degree: 70 months **
  • Kidnapping in the first degree (standard): 90 months
  • Kidnapping in the first degree (committed in furtherance of the commission or attempted commission of a serious sex crime): 300 months
  • Kidnapping in the second degree: 70 months
  • Rape in the first degree (unless victim under 12 years of age): 100 months
  • Rape in the first degree (victim under 12 years of age and defendant 18 or over): 300 months
  • Rape in the second degree: 75 months **
  • Sodomy in the first degree (unless victim under 12 years of age): 100 months
  • Sodomy in the first degree (victim under 12 years of age and defendant 18 or over): 300 months
  • Sodomy in the second degree: 75 months **
  • Unlawful sexual penetration in the first degree (unless victim under 12 years of age): 100 months
  • Unlawful sexual penetration in the first degree (victim under 12 years of age and defendant 18 or over): 300 months
  • Unlawful sexual penetration in the second degree: 75 months **
  • Sexual abuse in the first degree: 75 months
  • Robbery in the first degree: 90 months
  • Robbery in the second degree: 70 months **
  • Arson in the first degree (when the offense represented a threat of serious physical injury): 90 months
  • Using a child in a display of sexually explicit conduct: 70 months
  • Compelling prostitution: 70 months
  • Aggravated vehicular homicide: 240 months

 


IF YOU, A FAMILY MEMBER OR FRIEND ARE UNDER INVESTIGATION FOR A MEASURE 11 OFFENSE, IT IS IMPERATIVE THAT YOU CONTACT AN EXPERIENCED CRIMINAL DEFENSE LAWYER IMMEDIATELY.

 

You will need a lawyer who can evaluate and assist in preparation from the very earliest stages. The most important thing is to not talk to the police or voluntarily allow a search of your person or property without consulting an attorney. The magic words if confronted by the police are”I want an attorney.” Do not allow the police to intimidate you into speaking with them. Once you begin to give a statement, you have no control over what is written down, and later made a part of the police report.

Tom Collins works with professional investigators, and other allied legal professionals to put together a team to present your best defense. With an immediate response to preserve evidence, and immediately contact witnesses in your favor, it is sometimes possible to give the DA enough information to keep the case from being charged, or to lessen the charges that are filed. You increase your chances for a better result if you act upon initial contact from the police.

** ORS 137.712 may authorize less than a measure 11 sentence in some cases