Theft 1 Oregon Sentence Calculator
Last updated: 2025-10-21 β Compiled and reviewed by Calvin (Legal Research, FreeCalculators.app)
Legal Disclaimer
About Theft in the First Degree
Statute
Classification
Crime Seriousness Level
Case Information
How to Use This Calculator
- 1Select Criminal History Category: Choose the defendant's criminal history category (A=most serious prior record, I=least serious). This is a key factor in determining the presumptive sentencing range.
- 2Check Property Value: If the stolen property or services exceeded $10,000 in value, check this box. This simulates an aggravated theft scenario and increases the base crime seriousness level.
- 3Select Aggravating Factors: Check any aggravating factors that apply to the case, such as use of a weapon, targeting elderly or disabled victims, or participation in an organized theft ring.
- 4Calculate: Click "Calculate Sentence" to see the estimated presumptive sentencing range and other relevant information.
- 5Review Results: The calculator will display the presumptive range, adjusted crime seriousness level, statutory maximum, potential fines, and other important sentencing considerations.
Important Sentencing Considerations
- β’Not a Measure 11 Offense: Theft I is not subject to Oregon's Measure 11 mandatory minimum sentencing laws, which means judges have more discretion in sentencing within the guidelines.
- β’Grid-Based Sentencing: Sentences are determined using the Oregon Sentencing Guidelines Grid, which provides presumptive ranges based on crime seriousness level (Level 7 for base Theft I) and criminal history category.
- β’Departure Authority: Courts may impose sentences outside the presumptive range (upward or downward departure) based on aggravating or mitigating factors, subject to judicial findings and appellate review.
- β’Alternative Sanctions: For lower criminal history categories (especially E-I with no prior felonies), the court may impose probation or other alternative sanctions instead of imprisonment.
- β’Restitution: In addition to any sentence imposed, defendants convicted of theft are typically required to pay restitution to victims for the full value of stolen property or services.
- β’Property Value Matters: Theft of property valued over $10,000 may be treated more seriously and could justify an upward departure from the presumptive range.
- β’Organized Theft: Participation in organized retail theft, cargo theft, or theft rings can significantly increase sentencing exposure.
- β’Subsequent Offenses: Prior theft convictions increase criminal history scores and may lead to longer sentences for subsequent theft offenses.
Legal Authority and Resources
This calculator is based on the following Oregon statutes and sentencing guidelines:
- ORS 164.055 - Theft in the First Degree
- ORS Chapter 137 - Oregon Sentencing Guidelines
- ORS 161.605 - Maximum Terms of Imprisonment
- ORS 161.625 - Fines for Felonies
Disclaimer: This calculator provides educational estimates only. It is not legal advice. Sentencing decisions involve complex legal analysis and judicial discretion. Always consult a qualified Oregon criminal defense attorney for advice specific to your case.
Frequently Asked Questions
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