Burglary 2 Oregon Sentencing Calculator

About Burglary in the Second Degree

Case Information

How to Use This Calculator

1. 1
   The offense Burglary in the Second Degree (ORS 164.215) is pre-selected as a Level 6, Class C felony.
2. 2
   Select the criminal history category (A-I) based on the defendant's prior felony convictions. If not selected, defaults to Category I (no/minimal criminal history).
3. 3
   Optionally select any aggravating factors present in the case (property damage, victim present, multiple incidents, etc.). Two or more aggravators will display a possible upward departure preview.
4. 4
   Optionally select any mitigating factors (such as full restitution paid) that may support a reduced sentence.
5. 5
   Click Calculate Sentence to view the presumptive grid range, possible upward departure (if applicable), statutory maximum, and other sentencing details.

Important Sentencing Notes

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  Grid-Based Sentencing: Burglary 2 follows the Oregon Sentencing Guidelines Grid at Crime Seriousness Level 6. There is no mandatory minimum sentence. The presumptive range is determined by the intersection of Level 6 and Criminal History Category (A-I).
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  Presumptive Range: Judges must sentence within the presumptive grid range unless exceptional circumstances justify a departure under OAR 213-008.
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  Upward Departures: If substantial and compelling aggravating factors are present (significant property damage, victim presence, multiple organized incidents, sophisticated planning), the court may depart upward from the presumptive range. This calculator shows Level 7 as a reference when two or more aggravators are selected.
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  Downward Departures: Mitigating factors such as full restitution, acceptance of responsibility, or lack of prior property crime history may support a downward departure. However, such departures require substantial and compelling reasons.
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  Probation Possibility: For defendants with limited to minimal criminal history (Categories F through I), the grid indicates a presumptive probation sentence with local sanctions rather than prison. However, the court may depart to imprisonment based on case facts.
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  Post-Prison Supervision (PPS): Defendants who receive a prison sentence will serve 36 months of PPS after release. Violation of PPS conditions can result in re-incarceration.
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  Earned Time Credits: Defendants may earn time credits for good behavior and program participation, potentially reducing actual time served.
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  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