Burglary 1 Oregon Sentencing Calculator
Calculate sentencing ranges for Burglary in the First Degree in Oregon (ORS 164.225) using the Oregon Sentencing Guidelines Grid. Educational tool β not legal advice.
Last updated: 2025-10-21 β Compiled and reviewed by Calvin (Legal Research, FreeCalculators.app)
Legal Disclaimer
This calculator is for educational purposes only and does not constitute legal advice. Sentencing for Burglary in the First Degree involves complex legal requirements and may be affected by specific case circumstances, plea agreements, aggravating or mitigating factors, and judicial discretion. For case-specific advice, consult a licensed Oregon criminal defense attorney.
About Burglary in the First Degree
Statute
ORS 164.225
Classification
Class A Felony
Crime Seriousness Level
Level 8
Burglary in the First Degree is a Class A felony that occurs when a person unlawfully enters or remains in a building with intent to commit a crime, and in the course of committing the burglary: (1) is armed with a burglary tool or theft device, (2) causes or attempts to cause physical injury to any person, or (3) uses or threatens the immediate use of a dangerous weapon. It is sentenced according to the Oregon Sentencing Guidelines Grid as a Level 8 offense.
Case Information
How to Use This Calculator
- 1The offense Burglary in the First Degree (ORS 164.225) is pre-selected as a Level 8, Class A felony.
- 2Select the criminal history category (A-I) based on the defendant's prior felony convictions. This is required to calculate the presumptive sentencing range.
- 3Optionally select any aggravating factors present in the case (deadly weapon, victim injured, occupied dwelling, etc.). Multiple aggravators may result in an enhanced sentencing range.
- 4Optionally select any mitigating factors (such as full restitution paid) that may support a reduced sentence.
- 5Click Calculate Sentence to view the presumptive grid range, potential enhanced range, statutory maximum, and other sentencing details.
Important Sentencing Notes
- β’Grid-Based Sentencing: Burglary I follows the Oregon Sentencing Guidelines Grid. There is no mandatory minimum sentence like Measure 11 offenses. The presumptive range is determined by the intersection of Crime Seriousness Level (8) and Criminal History Category (A-I).
- β’Presumptive Range: Judges must sentence within the presumptive grid range unless exceptional circumstances justify a departure under OAR 213-008.
- β’Upward Departures: If substantial and compelling aggravating factors are present (use of deadly weapon, victim vulnerability, multiple victims, etc.), the court may depart upward from the presumptive range. This calculator shows the next level (Level 9) as a reference for enhanced sentencing.
- β’Downward Departures: Mitigating factors such as full restitution, acceptance of responsibility, or lack of prior violent history may support a downward departure. However, such departures require substantial and compelling reasons.
- β’Post-Prison Supervision (PPS): Most defendants will serve a period of PPS after release, typically 36 months for Class A felonies. Violation of PPS conditions can result in re-incarceration.
- β’Earned Time Credits: Unlike Measure 11 sentences, defendants may earn time credits for good behavior and program participation, potentially reducing actual time served.
- β’Probation Possibility: For defendants with minimal criminal history (Category H or I), the grid may indicate a presumptive probation sentence rather than prison. However, the court may depart to imprisonment based on case facts.
- β’Educational Tool Only: This calculator provides general information based on the sentencing grid. Every case is unique. Consult with a qualified Oregon criminal defense attorney for advice specific to your situation.
Legal Sources & Citations
This calculator is based on current Oregon law. Key statutes include:
- ORS 164.225 β Burglary in the First Degree: Defines the offense and its elements.
- ORS 161.605 β Maximum Prison Terms for Felonies: Establishes maximum sentences for different felony classes.
- ORS 161.625 β Fines for Felonies: Authorizes fines for felony convictions.
- OAR 213-004-0001 β Oregon Sentencing Guidelines Grid: Establishes the sentencing grid system.
- OAR 213-008 β Departure Sentences: Covers aggravating and mitigating factors that may justify departure from presumptive ranges.
Additional Resources:
- Oregon Revised Statutes (ORS) β Official legislative website
- Oregon State Bar β Find a licensed attorney
Frequently Asked Questions
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