List of Common Misdemeanor Charges in Oregon (By Class)

Understanding the different classes of misdemeanors in Oregon is crucial for anyone facing criminal charges. This comprehensive list organizes common misdemeanor offenses by class (A, B, C) and provides sentencing ranges, examples, and expungement eligibility for each classification.

Misdemeanor charges in Oregon are classified into three categories based on severity: Class A (most serious), Class B (moderate), and Class C (least serious). Each class carries different maximum penalties and expungement waiting periods under Oregon Revised Statutes 161.615 and ORS 161.635.

This comprehensive guide provides a complete list of common misdemeanor charges organized by class, including sentencing ranges, examples, and expungement eligibility.

Table of Contents

1. Class A Misdemeanors (Most Serious)
2. Class B Misdemeanors (Moderate)
3. Class C Misdemeanors (Least Serious)
4. Sentencing Comparison by Class
5. Expungement Eligibility by Class
6. Using Our Misdemeanor Calculators
7. Frequently Asked Questions

Class A Misdemeanors (Most Serious)

Maximum Penalties:

• Jail time: 364 days
• Fine: $6,250
• Probation: Up to 5 years
• Expungement: 3 years waiting period

Common Class A Misdemeanor Charges

1. Driving Under the Influence of Intoxicants (DUII)

ORS 813.010

• Description: 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
• Key factors: BAC level, prior DUII convictions, whether accident occurred
• Note: First-time DUII is typically Class A, but repeat offenses may be felonies

2. Assault in the Fourth Degree

ORS 163.160

• Description: Intentionally, knowingly, or recklessly causing physical injury to another person
• Typical sentence: 30 days to 364 days in jail
• Key factors: Extent of injury, relationship to victim, use of weapons
• Note: Must involve actual physical injury, not just offensive contact

3. Theft in the Third Degree

ORS 164.043

• Description: 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
• Key factors: Value of property, method of theft, victim impact
• Note: Theft of $1,000 or more becomes theft in the second degree (felony)

4. Criminal Mischief in the First Degree

ORS 164.365

• Description: 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, relationship to victim
• Note: Damage less than $1,000 is criminal mischief in the second degree (Class B)

5. Endangering the Welfare of a Minor

ORS 163.575

• Description: 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
• Key factors: Age of child, nature of endangerment, relationship to child
• Note: May involve physical, emotional, or educational neglect

6. Criminal Trespass in the First Degree

ORS 164.255

• Description: Entering or remaining unlawfully in a dwelling
• Typical sentence: 30 days to 364 days in jail
• Key factors: Type of dwelling, relationship to owner, whether occupied
• Note: Entering with intent to commit a crime becomes burglary (felony)

7. Unlawful Use of a Weapon

ORS 166.220

• Description: Carrying a concealed weapon without a permit or using a weapon in a threatening manner
• Typical sentence: 30 days to 364 days in jail, plus weapon forfeiture
• Key factors: Type of weapon, permit status, threatening behavior
• Note: May escalate to felony charges depending on circumstances

8. Reckless Driving

ORS 811.140

• Description: Driving in a manner that creates a substantial risk of serious physical injury
• Typical sentence: 30 days to 364 days in jail, plus license suspension
• Key factors: Speed, traffic conditions, prior driving history
• Note: May escalate to felony charges if serious injury occurs

Class B Misdemeanors (Moderate)

Maximum Penalties:

• Jail time: 180 days (6 months)
• Fine: $2,500
• Probation: Up to 3 years
• Expungement: 1 year waiting period

Common Class B Misdemeanor Charges

1. Harassment

ORS 166.065

• Description: Intentionally harassing or annoying another person by subjecting them to offensive physical contact or threatening behavior
• Typical sentence: Probation to 90 days in jail, plus restraining order if requested
• Key factors: Nature of harassment, relationship to victim, prior history
• Note: Can escalate to stalking (felony) if it involves a pattern of behavior

2. Disorderly Conduct

ORS 166.025

• Description: Engaging in fighting, violent, tumultuous, or threatening behavior in a public place
• Typical sentence: 30 days to 180 days in jail
• Key factors: Level of violence, public safety impact, prior history
• Note: Must occur in a public place and involve behavior that disturbs the peace

3. Criminal Trespass in the Second Degree

ORS 164.245

• Description: Entering or remaining unlawfully in or upon premises when the premises are not open to the public
• Typical sentence: Probation to 90 days in jail, plus potential restraining order
• Key factors: Type of premises, relationship to owner, prior history
• Note: Can escalate to burglary (felony) if entering with intent to commit a crime

4. Criminal Mischief in the Second Degree

ORS 164.354

• Description: Intentionally damaging property of another person with a value less than $1,000
• Typical sentence: Probation to 90 days in jail, plus restitution
• Key factors: Value of damage, type of property, relationship to victim
• Note: Damage of $1,000 or more becomes criminal mischief in the first degree (Class A)

5. Excessive Speeding

ORS 811.140

• Description: Driving 20 miles per hour or more over the posted speed limit
• Typical sentence: Fines and license suspension, with possible jail time for repeat offenses
• Key factors: Speed over limit, traffic conditions, prior history
• Note: Most speeding tickets are traffic violations, not misdemeanors

6. Criminal Trespass in the Third Degree

ORS 164.245

• Description: Entering or remaining unlawfully in or upon premises when the premises are not open to the public
• Typical sentence: Probation to 90 days in jail
• Key factors: Type of premises, relationship to owner, prior history
• Note: Less serious than second degree trespass

7. Interfering with a Police Officer

ORS 162.247

• Description: Intentionally interfering with a police officer in the performance of their duties
• Typical sentence: 30 days to 180 days in jail
• Key factors: Nature of interference, officer safety, prior history
• Note: Can escalate to felony charges if it involves physical resistance

8. Public Intoxication

ORS 430.420

• Description: Being intoxicated in a public place and endangering oneself or others
• Typical sentence: Probation to 30 days in jail
• Key factors: Level of intoxication, public safety impact, prior history
• Note: Often results in citation rather than arrest

Class C Misdemeanors (Least Serious)

Maximum Penalties:

• Jail time: 30 days
• Fine: $1,250
• Probation: Up to 2 years
• Expungement: 1 year waiting period

Common Class C Misdemeanor Charges

1. Minor in Possession (MIP) of Alcohol

ORS 471.430

• Description: Possession of alcoholic beverages by a person under 21 years of age
• Typical sentence: Fines and community service, with possible short jail time for repeat offenses
• Key factors: Age of offender, amount of alcohol, prior history
• Note: Common among college students and young adults

2. Driving Without Insurance

ORS 806.010

• Description: Operating a motor vehicle without valid liability insurance coverage
• Typical sentence: Fines and license suspension, with possible jail time for repeat offenses
• Key factors: Prior history, whether accident occurred, length of time without insurance
• Note: Most cases result in fines rather than jail time

3. Disorderly Conduct (Minor)

ORS 166.025

• Description: Engaging in minor disruptive behavior in public that does not rise to the level of Class B disorderly conduct
• Typical sentence: Probation to 30 days in jail
• Key factors: Level of disruption, public safety impact, prior history
• Note: Less serious than Class B disorderly conduct

4. Criminal Trespass in the Third Degree

ORS 164.245

• Description: Entering or remaining unlawfully in or upon premises when the premises are not open to the public
• Typical sentence: Probation to 30 days in jail
• Key factors: Type of premises, relationship to owner, prior history
• Note: Least serious trespass offense

5. Criminal Mischief in the Third Degree

ORS 164.354

• Description: Intentionally damaging property of another person with a value less than $500
• Typical sentence: Probation to 30 days in jail, plus restitution
• Key factors: Value of damage, type of property, relationship to victim
• Note: Damage of $500 or more becomes criminal mischief in the second degree (Class B)

6. Littering

ORS 164.775

• Description: Intentionally discarding or abandoning waste in a public place
• Typical sentence: Fines and community service
• Key factors: Amount of waste, location, prior history
• Note: Often results in citation rather than arrest

7. Noise Violations

ORS 166.025

• Description: Creating excessive noise that disturbs the peace
• Typical sentence: Fines and community service
• Key factors: Time of day, location, prior history
• Note: Often results in citation rather than arrest

8. Open Container Violations

ORS 471.430

• Description: Possessing an open container of alcohol in a public place
• Typical sentence: Fines and community service
• Key factors: Location, prior history, age of offender
• Note: Often results in citation rather than arrest

Sentencing Comparison by Class

Maximum Penalties

Typical Sentencing Outcomes

Class A Misdemeanors:

• First-time offenders: Probation, community service, or 30-90 days in jail
• Repeat offenders: 90-180 days in jail
• Aggravated cases: 180-364 days in jail

Class B Misdemeanors:

• First-time offenders: Probation, community service, or 30-60 days in jail
• Repeat offenders: 60-120 days in jail
• Aggravated cases: 120-180 days in jail

Class C Misdemeanors:

• First-time offenders: Probation, community service, or fines only
• Repeat offenders: 15-30 days in jail
• Aggravated cases: 30 days in jail

Expungement Eligibility by Class

Waiting Periods

Class A Misdemeanors: 3 years from conviction or sentence completion Class B Misdemeanors: 1 year from conviction or sentence completion Class C Misdemeanors: 1 year from conviction or sentence completion

Eligibility Requirements

All Classes:

• No new arrests or convictions during waiting period
• All fines and fees paid in full
• No pending criminal charges
• No felony convictions since misdemeanor

Success Rates

Class A Misdemeanors: 80-90% for eligible cases Class B Misdemeanors: 85-95% for eligible cases Class C Misdemeanors: 90-95% for eligible cases

Using Our Misdemeanor Calculators

Our Oregon misdemeanor calculators help you understand potential sentencing outcomes and expungement eligibility:

Class A Misdemeanor Calculator

• Class A Misdemeanor Calculator
• Maximum: 364 days in jail, $6,250 fines
• Expungement: 3 years waiting period
• Examples: DUII, assault 4, theft 3

Class B Misdemeanor Calculator

• Class B Misdemeanor Calculator
• Maximum: 180 days in jail, $2,500 fines
• Expungement: 1 year waiting period
• Examples: Harassment, disorderly conduct

Class C Misdemeanor Calculator

• Class C Misdemeanor Calculator
• Maximum: 30 days in jail, $1,250 fines
• Expungement: 1 year waiting period
• Examples: MIP, driving without insurance

Frequently Asked Questions

What's the difference between Class A, B, and C misdemeanors in Oregon?

Class A misdemeanors are the most serious, carrying up to 364 days in jail and $6,250 in fines. Class B misdemeanors are moderate, with up to 180 days in jail and $2,500 in fines. Class C misdemeanors are the least serious, with up to 30 days in jail and $1,250 in fines.

Can misdemeanors be upgraded to felonies?

Yes, certain misdemeanors can be upgraded to felonies based on aggravating factors such as prior convictions, use of weapons, victim vulnerability, or significant harm caused. This is common with theft, assault, and drug offenses.

How long do misdemeanors stay on your record in Oregon?

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

What's the most common misdemeanor in Oregon?

DUII (Driving Under the Influence of Intoxicants) is one of the most common Class A misdemeanors in Oregon, while harassment and disorderly conduct are common Class B misdemeanors, and MIP (Minor in Possession) is a common Class C misdemeanor.

Do misdemeanors affect employment in Oregon?

Misdemeanors may affect certain types of employment, particularly in security, healthcare, and education fields. However, many employers will still consider hiring someone with a misdemeanor conviction, especially if it's been expunged.

Conclusion

Understanding the different classes of misdemeanors in Oregon is crucial for anyone facing criminal charges. While Class A misdemeanors carry the most serious penalties and longest expungement waiting periods, Class B and C misdemeanors offer more opportunities for probation and community service.

If you're facing misdemeanor charges, consult with an experienced Oregon criminal defense attorney who can help you understand the potential consequences and explore 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.