Class A Misdemeanor Oregon – Sentencing, Expungement & Examples (Assault 4, DUII, Theft 3)

Class A misdemeanors are Oregon's most serious misdemeanor offenses, carrying sentences up to 364 days in jail and fines up to $6,250. These serious crimes—including DUII, assault in the fourth degree, and theft in the third degree—require careful understanding of sentencing ranges, expungement eligibility, and potential penalties under Oregon law.

Class A misdemeanors represent the most serious category of misdemeanor offenses in Oregon, just below felony crimes. If you or someone you care about is facing Class A misdemeanor charges, understanding the sentencing framework under Oregon Revised Statutes 161.615 and ORS 161.635 is crucial for making informed decisions about your case.

This comprehensive guide explains Class A misdemeanor sentencing ranges, common examples, expungement eligibility under ORS 137.225, and realistic expectations for penalties and record clearing.

Sentencing Ranges Under ORS 161.615
Examples of Class A Misdemeanors
Expungement Eligibility & Process
First Offense Considerations
Using Our Class A Misdemeanor Calculator
Frequently Asked Questions

Sentencing Ranges Under ORS 161.615

Under Oregon Revised Statutes 161.615(1), a person convicted of a Class A misdemeanor faces:

Statutory Maximum Penalties

Maximum jail time: 364 days in jail
Maximum fine: $6,250 under ORS 161.635(1)(a)
Probation: Up to 5 years of probation supervision
Community service: Alternative to jail time, especially for first-time offenders

Critical Note: Class A misdemeanors are the most serious misdemeanor offenses in Oregon. While the statutory maximum is 364 days, actual sentences often vary significantly based on case circumstances, criminal history, and judicial discretion.

Factors Affecting Sentencing

Aggravating Factors (may increase sentence toward maximum):

Prior criminal history, especially similar offenses
Use of weapons during commission of offense
Victim was especially vulnerable (child, elderly, disabled person)
Significant physical or emotional harm to victim
Offense committed while on probation, parole, or pretrial release
Leadership role in criminal activity
Extreme cruelty or brutality
Offense occurred in victim's home or workplace
Victim was law enforcement officer, judge, or public official
No remorse or lack of cooperation with authorities

Mitigating Factors (may reduce sentence):

First-time offender with minimal criminal history
Genuine remorse and acceptance of responsibility
Substantial cooperation with law enforcement
Mental health issues with treatment commitment
Victim was not seriously harmed
Extraordinary circumstances reducing culpability
Strong community support and character references

Examples of Class A Misdemeanors

Class A misdemeanors encompass Oregon's most serious misdemeanor offenses. Here are the primary categories:

1. Driving Under the Influence of Intoxicants (DUII)

ORS 813.010: Operating a motor vehicle while under the influence of alcohol or drugs.

Typical sentence: 48 hours to 364 days in jail, plus fines, license suspension, and mandatory treatment programs.

Key factors: Blood alcohol content (BAC), prior DUII convictions, whether accident occurred, presence of minors in vehicle.

Note: First-time DUII is typically a Class A misdemeanor, but repeat offenses or those involving serious injury may be charged as felonies.

2. Assault in the Fourth Degree

ORS 163.160: Intentionally, knowingly, or recklessly causing physical injury to another person.

Typical sentence: 30 days to 364 days in jail, depending on severity of injury and circumstances.

Key factors: Extent of injury, relationship to victim, use of weapons, prior assault history.

Distinction: Must involve actual physical injury, not just offensive physical contact (which would be harassment).

3. Theft in the Third Degree

ORS 164.043: Theft of property or services valued at $100 or more but less than $1,000.

Typical sentence: Probation to 180 days in jail, plus restitution to victim.

Key factors: Value of property stolen, method of theft, victim impact, prior theft history.

Note: Theft of $1,000 or more becomes theft in the second degree, which may be charged as a felony.

4. Criminal Mischief in the First Degree

ORS 164.365: Intentionally damaging property of another person with a value of $1,000 or more.

Typical sentence: 30 days to 364 days in jail, plus restitution.

Key factors: Value of damage, type of property damaged, relationship to victim, prior criminal mischief history.

5. Endangering the Welfare of a Minor

ORS 163.575: Knowingly endangering the welfare of a minor by violating a duty of care.

Typical sentence: 30 days to 364 days in jail, plus mandatory reporting to child protective services.

Key factors: Age of child, nature of endangerment, relationship to child, prior child-related offenses.

Expungement Eligibility & Process

Class A misdemeanors can be expunged from your criminal record under ORS 137.225, but the process requires careful attention to timing and eligibility requirements.

Expungement Waiting Period

Class A misdemeanors: 3 years from the date of conviction or completion of sentence, whichever is later.

Requirements for eligibility:

No new arrests or convictions during the waiting period
All fines, fees, and restitution must be paid
No pending criminal charges
Must not have been convicted of a felony since the misdemeanor conviction

Expungement Process

File petition: Submit expungement petition to the court where you were convicted
Pay filing fee: Current fee is $281 (subject to change)
Court review: Judge reviews your petition and criminal history
Hearing: May be required if there are questions about eligibility
Order: If granted, court issues expungement order
Record clearing: Criminal justice agencies update their records

Benefits of Expungement

Employment: Can answer "no" to most criminal history questions on job applications
Housing: Landlords cannot consider expunged convictions
Professional licenses: Many licensing boards cannot consider expunged convictions
Background checks: Expunged convictions should not appear on most background checks

Important: Expungement does not restore gun rights or remove the conviction from all databases. Some government agencies may still have access to expunged records.

First Offense Considerations

First-time offenders facing Class A misdemeanor charges often receive significantly more lenient sentences than the statutory maximum.

Typical First Offense Outcomes

Probation: 1-3 years of supervised probation instead of jail time Community service: 40-200 hours of community service Fines: Reduced fines, often with payment plans Treatment programs: Mandatory counseling, substance abuse treatment, or anger management Deferred prosecution: Charges may be dismissed upon successful completion of programs

Factors Favoring Lenient Treatment

No prior criminal history
Genuine remorse and acceptance of responsibility
Strong community support and character references
Employment and family responsibilities
Mental health or substance abuse issues with treatment commitment
Victim was not seriously harmed
Cooperation with law enforcement

When Maximum Sentences Are Likely

Prior criminal history, especially similar offenses
Use of weapons or violence
Vulnerable victims (children, elderly, disabled)
Significant harm to victim
Offense committed while on probation or parole
No remorse or lack of cooperation
Leadership role in criminal activity

Using Our Class A Misdemeanor Calculator

Our Class A Misdemeanor Oregon Sentencing Calculator helps estimate potential sentencing outcomes and expungement eligibility.

Calculator Features

Sentencing Estimation:

Enter case factors (first offense, aggravating factors, repeat offense)
Get estimated jail time and fine ranges
Understand how factors affect sentencing

Expungement Calculator:

Enter conviction date or sentence completion date
Calculate exact expungement eligibility date
Check impact of new arrests on eligibility

Legal Resources:

Direct links to relevant Oregon statutes
Citations to ORS 161.615, 161.635, and 137.225
Educational information about sentencing guidelines

How to Use

Select case factors that apply to your situation
Enter dates for expungement calculation
Review results for sentencing estimates and expungement eligibility
Consult attorney for case-specific advice

Remember: The calculator provides educational estimates only. Every case is unique, and actual sentences are determined by the court based on specific circumstances.

Frequently Asked Questions

What is a Class A misdemeanor in Oregon?

A Class A misdemeanor is the most serious type of misdemeanor offense in Oregon, punishable by up to 364 days in jail and fines up to $6,250 under ORS 161.615(1) and ORS 161.635(1)(a). Examples include assault in the fourth degree, DUII, and theft in the third degree.

How long is jail time for a Class A misdemeanor in Oregon?

The maximum jail time for a Class A misdemeanor in Oregon is 364 days (just under one year). However, first-time offenders often receive probation, community service, or significantly reduced jail time instead of the maximum sentence.

Can a Class A misdemeanor be expunged in Oregon?

Yes, Class A misdemeanors can be expunged in Oregon after a 3-year waiting period under ORS 137.225, provided there are no new arrests or convictions during that time. The expungement process requires filing a petition with the court.

Is DUII a Class A misdemeanor in Oregon?

Yes, DUII (Driving Under the Influence of Intoxicants) is typically charged as a Class A misdemeanor for first-time offenders in Oregon. However, repeat DUII offenses or those involving serious injury or death may be charged as felonies.

How long do misdemeanors stay on your record in Oregon?

Misdemeanors remain on your criminal record indefinitely unless expunged. Class A misdemeanors can be expunged after 3 years under ORS 137.225, while Class B and C misdemeanors can be expunged after 1 year, provided there are no new arrests or convictions.

Conclusion

Class A misdemeanors represent serious criminal offenses in Oregon that require careful attention to sentencing guidelines, expungement eligibility, and case-specific factors. While the statutory maximum is 364 days in jail and $6,250 in fines, actual sentences often vary significantly based on circumstances.

First-time offenders typically receive probation, community service, or reduced jail time instead of maximum sentences. Expungement is possible after 3 years, but requires careful attention to eligibility requirements and the formal court process.

If you're facing Class A misdemeanor charges, consult with an experienced Oregon criminal defense attorney who can provide case-specific advice and help you understand your options for defense, plea negotiations, and long-term record management.

Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. Every case is unique, and outcomes depend on specific circumstances. Consult with a qualified Oregon criminal defense attorney for advice specific to your situation.