Salem Measure 11 Attorney
Ballot Measure 11 was passed in the state of Oregon in 1994, establishing mandatory minimum sentences for certain violent crimes. These crimes tend to carry some of the most severe penalties. If you are charged with a Measure 11 crime, you could face harsh mandatory prison sentences, even if you have no criminal record. During these uncertain and frightening times, a Salem Measure 11 lawyer can prove essential in your case.
Facing a Measure 11 crime charge calls for immediate representation by an experienced attorney. At the Law Office of Amy L. Bingham, our criminal defense attorney is here to work alongside you during this challenging time and seek a favorable outcome in your case. We offer robust legal services and aggressive defenses for all clients facing a Measure 11 crime charge. Let us work with your interests in mind, ensuring that your rights are protected.
Defining Measure 11 Crimes
Measure 11 crimes are often crimes of a violent nature that involve two or more people. When you are charged with a Measure 11 crime, the charge tends to be more serious than a typical state felony charge. The law requires that a large sum of money be posted for bail in order to secure release while you await your official trial. Even if you are able to post bail, a judge will most likely impose strict conditions on your release pre-trial.
If you are charged with a violent crime under Measure 11, it is important to keep time in mind. The court system in Oregon will most likely try to push your case through as quickly as possible. This is why getting a Measure 11 attorney on your side as soon as possible is vital to your case. You need someone with the necessary experience, knowledge, and resources to handle your case and push back against the hasty court system.
The crimes that fall under Ballot Measure 11 and their likely sentences include the following:
- Assault II – With a sentence of five years and 10 months
- Compelling prostitution – With a sentence of five years and 10 months
- Kidnapping II – With a sentence of five years and 10 months
- Robbery II – With a sentence of five years and 10 months
- Using a child in a display of sexually explicit conduct – With a sentence of five years and 10 months
- Arson I, when the offense represented a threat of serious physical injury – With a sentence of seven years and six months
- Manslaughter II – With a sentence of six years and three months
- Rape II – With a sentence of six years and three months
- Sexual abuse I – With a sentence of six years and three months
- Sodomy II – With a sentence of six years and three months
- Unlawful sexual penetration II – With a sentence of six years and three months
- Conspiracy to commit murder or attempted murder – With a sentence of seven years and six months
- Assault I – With a sentence of seven years and six months
- Kidnapping I – With a sentence of seven years and six months
- Robbery I – With a sentence of seven years and six months
- Rape I – With a sentence of eight years and four months
- Sodomy I – With a sentence of eight years and four months
- Unlawful sexual penetration I – With a sentence of eight years and four months
- Attempted aggravated murder or conspiracy to commit aggravated murder – With a sentence of 10 years
- Manslaughter I – With a sentence of 10 years
- Murder – With a sentence of 25 years
In most cases, an individual who is convicted of a Measure 11 offense does not receive parole or a prison sentence reduction for good behavior. Additionally, a juvenile aged 15 or older who is charged with a Measure 11 crime is to be tried as an adult.
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What Is the “Escape Clause”?
In 1997, the state of Oregon signed into law a measure that would allow a judge to deviate from the mandatory sentences under Measure 11 in certain circumstances. These are known as “escape clauses” and can include the following:
- Assault II, if the victim of the crime was not injured by the weapon and did not suffer any serious injuries
- Robbery II, if the victim did not suffer any significant injuries and was not in fear of injury from a weapon involved
- Manslaughter II, when a child passes away because their parents provided them with spiritual medicine instead of traditional.
FAQs
From the moment you hire an attorney to defend you against a Measure 11 charge in Oregon, they can begin working on your defense strategy by launching their own investigation into the charges against you, gathering relevant forms of evidence, and researching the specific laws that affect your case. They can also communicate your rights to you and defend you in a trial.
Measure 11 crimes can be quite complicated and may call for more time to be spent building a defense. Typically, the more time an attorney spends on a case, the higher the final cost analysis will be. Other factors that can affect lawyer fees include your lawyer’s experience and the duration of your case.
The escape clause for a charge of rape in the second degree may go into effect if the victim is between the ages of 12 and 14, the offender is not more than five years older than the victim, the offense did not include any other minor victim, and the lack of consent only occurred due to the victim’s age.
Depending on the degree of manslaughter you are convicted of under Measure 11, you could face a prison sentence anywhere between 70 and 120 months for charges of manslaughter in the second or first degree. These are serious charges, and you will need the assistance of an attorney at this time.
Schedule a Consultation With the Law Office of Amy L. Bingham Now
If you have been charged with a Measure 11 crime in Salem, Oregon, the time to act is now. Reach out to the criminal defense attorney at the Law Office of Amy L. Bingham today to schedule an initial consultation and learn more about how to protect your rights in a criminal case.