How Much Jail Time for Felony Strangulation in Oregon?
In Oregon, felony strangulation is a serious crime that carries significant legal consequences. If you’ve been charged with felony strangulation, it’s essential to understand the potential penalties you may face. In this article, we’ll explore the laws surrounding felony strangulation in Oregon and the associated jail time.
What is Felony Strangulation in Oregon?
Felony strangulation, also known as strangulation in the second degree, is a Class C felony in Oregon. According to Oregon Revised Statute (ORS) 163.427, felony strangulation is defined as:
"*… intentionally impeding the normal breathing or circulation of blood by applying pressure to the throat or neck of another person, and the strangulation causes or attempts to cause serious physical injury…"
Penalties for Felony Strangulation in Oregon
If you’re convicted of felony strangulation in Oregon, you may face the following penalties:
- Minimum sentence: 6 months of imprisonment
- Maximum sentence: 5 years of imprisonment
- Fine: Up to $125,000
- Probation: Upon completion of the sentence, you may be placed on probation for up to 5 years
Sentencing Factors
The sentencing judge may consider the following factors when determining the sentence for felony strangulation in Oregon:
- Degree of harm: The extent of physical harm caused by the strangulation
- Intent: The defendant’s intent to cause serious physical injury
- Vulnerability of the victim: The victim’s age, disability, or vulnerability
- Culpability: The defendant’s level of culpability or responsibility for the crime
Enhanced Sentences
In some cases, the sentence for felony strangulation in Oregon may be enhanced due to aggravating circumstances. These circumstances include:
- Prior conviction: If the defendant has a prior conviction for a similar crime, such as strangulation in the second degree
- Aggravated circumstances: If the strangulation was committed in the presence of children, or if the victim was a minor or incapacitated person
- Use of a deadly weapon: If a deadly weapon was used during the strangulation
Table: Felony Strangulation Sentencing Guidelines in Oregon
| Factor | Minimum Sentence | Maximum Sentence |
|---|---|---|
| Normal circumstances | 6 months | 5 years |
| Aggravating circumstances | 1-5 years | 10-20 years |
| Prior conviction | 1-10 years | 20-30 years |
Possible Defenses
If you’re facing charges of felony strangulation in Oregon, it’s essential to have a strong defense strategy. Some possible defenses include:
- Self-defense: You acted in self-defense to protect yourself or another person from harm
- Accident: The strangulation was an accidental or unintentional act
- Lack of intent: You did not intend to cause serious physical injury
- Questionable evidence: The evidence against you is questionable or unreliable
Conclusion
Felony strangulation in Oregon is a serious crime that carries significant legal consequences. If you’ve been charged with this crime, it’s essential to understand the potential penalties you may face. By understanding the laws and sentencing guidelines in Oregon, you can make informed decisions about your legal defense. Remember to always consult with a qualified criminal defense attorney to ensure your rights are protected.
