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  1. #1

    Default Felony Treated as Misdemeanor

    when and how does the statue 161.570 work? Felony trated as a misdemeanor??

    Also 161.705 Reduction of certian felonies to misdemeanor??

  2. #2
    Join Date
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    Default Re: Felony Treated as Misdemeanor

    Care to identify the state? If not, consult a lawyer in your state.

  3. #3

    Default Re: Felony Treated as Misdemeanor

    OOps, Sorry! Oregon

  4. #4
    Join Date
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    Default Re: Felony Treated as Misdemeanor

    The statutes provide as follows:
    Quote Quoting ORS Sec. 161.570 - Felony treated as misdemeanor.
    (1) As used in this section, “nonperson felony” has the meaning given that term in the rules of the Oregon Criminal Justice Commission. (2) A district attorney
    may elect to treat a Class C nonperson felony or a violation of ORS 475.840 (3)(a) or 475.864 (2) as a Class A misdemeanor. The election must be made by the district attorney orally or in writing at the time of the first appearance of the defendant. If a district attorney elects to treat a Class C felony or a violation of ORS 475.840 (3)(a) or 475.864 (2) as a Class A misdemeanor under this subsection, the court shall amend the accusatory instrument to reflect the charged offense as a Class A misdemeanor.

    (3) If, at some time after the first appearance of a defendant charged with a Class C nonperson felony or a violation of ORS 475.840 (3)(a) or 475.864 (2), the district attorney and the defendant agree to treat the charged offense as a Class A misdemeanor, the court may allow the offense to be treated as a Class A misdemeanor by stipulation of the parties.

    (4) If a Class C felony or a violation of ORS 475.840 (3)(a) or 475.864 (2) is treated as a Class A misdemeanor under this section, the court shall clearly denominate the offense as a Class A misdemeanor in any judgment entered in the matter.

    (5) If no election or stipulation is made under this section, the case proceeds as a felony.

    (6) Before a district attorney may make an election under subsection (2) of this section, the district attorney shall adopt written guidelines for determining when and under what circumstances the election may be made. The district attorney shall apply the guidelines uniformly.

    (7) Notwithstanding ORS 161.635, the maximum fine that a court may impose upon conviction of a misdemeanor under this section may not exceed the amount provided in ORS 161.625 for the class of felony receiving Class A misdemeanor treatment.
    Quote Quoting ORS Sec 161.705 - Reduction of certain felonies to misdemeanors.
    Notwithstanding ORS 161.525, the court may enter judgment of conviction for a Class A misdemeanor and make disposition accordingly when:

    (1)
    (a) A person is convicted of any Class C felony;

    (b) A person is convicted of a Class B felony pursuant to ORS 475.860 (2);

    (c) A person is convicted of the Class B felony of possession of marijuana pursuant to ORS 475.864 (2); or

    (d) A person convicted of any of the felonies described in paragraphs (a) to (c) of this subsection, or of a Class A felony pursuant to ORS 166.720, has successfully completed a sentence of probation; and
    (2) The court, considering the nature and circumstances of the crime and the history and character of the defendant, believes that it would be unduly harsh to sentence the defendant for a felony.
    Had you read them before? Is there a particular portion of one or the other which you need explained?

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