Property Crimes

Sentences on Misdemeanor convictions are discretionary with the judge. Jail sentences for misdemeanor theft convictions are not uncommon.

Sentences on Felony and Aggravated Felony theft convictions are determined by the Judge applying the Oregon Felony Sentencing Guidelines. To calculate a sentence using the OregonFelony Sentencing Guidelines, first we look at the degree of the crime for which the defendant is being sentenced and the value of the property which was the subject of the theft. The higher the value of the property the more serious the presumed sentence. Then we look at the defendant’s criminal history which is the number and types of prior convictions Those factors produce a presumed sentence.

If a person has a certain number and kinds of prior convictions and the right type of new charge, he will face a presumed prison sentence under the Repeat Property Offender Law also known as REPO. Click here to learn more about Repeat Property Offender Law.

There are three types of presumed sentences:

1. Probationary – which includes probation and possibly jail but not prison
2. Prison per felony sentencing guidelines – prison can be reduced to probation with out without jail
3. Prison under the REPO statute – prison and can be reduced to probation with or without jail

Where REPO applies, the presumed sentence is the longer of the Felony Sentencing Guidelines or REPO presumed sentences. REPO presumed sentences are 18 or 24 months in prison.

The presumed sentence is only a starting point in setting the punishment for a felony theft conviction.

At sentencing, we can argue for less than the presumed Oregon Felony Sentencing Guidelines or REPO sentence based on mitigating factors which are reasons to give a person less than the presumed sentence. However, there are restrictions on the use of mitigating factors if a person was on probation for a property crime at the time of the offense or has previously had a REPO sentence reduced by mitigation.

One of the mitigating factors we use most often in theft cases is that our client is amenable to treatment OAR 213-008-002(1)(a)(I).

There are many reasons people commit theft and property crimes. Addiction and theft go hand in hand. Many property and theft crime offenders suffer from alcohol or drug addiction. There are psychological/emotional conditions which motivate people to commit thefts. These conditions can be diagnosed and treated.

Successful alcohol and drug treatment or psychological or emotional treatment or counseling can be a basis for a non prison sentence. The idea is that treatment will solve the clients underlying problem and there is no need for prison to rehabilitate the client and protect society from future
crimes.

We at the law firm of Portland criminal defense lawyer James F. O’Rourke, Jr. Lead the way in using successful treatment for underlying conditions to obtain appropriate sentencing results for our clients. We work with a large network of professionals who provide excellent treatment and support in Court for our clients charged with Theft crimes.