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Two of the most common, low-level crimes in our society are simple assault and theft. Part of the reasons why they’re so common is that they are so situational, without any kind of pre-planning or specific criminal intent.
A girlfriend gets shoved in a crowded cocktail lounge and her boyfriend comes up swinging. A mom goes shopping and absentmindedly leaves the store without paying. It happens all the time, and for someone who makes such an unthinking mistake the difference between felony and misdemeanor charges will be based on the impact of the crime.
Theft in the Third Degree means taking the property of another that is less than $100 in value*. It’s classified as a Class “C” misdemeanor – with a maximum sentence of 30 days in jail and a maximum fine is $1250.00**. On the other hand, if the value of the property is $1000 or more, the charge is Theft in the First Degree which is classified as a Class “C” felony – with a maximum sentence of 5 years in prison and a maximum fine of $125,000***.
Similarly with Assault charges, the use of a weapon and the degree of injury sustained by the victim make all the difference in the gravity of the charges****. In either situation it’s crucially important to be represented by an attorney with a deep understanding of the defenses available, and an even deeper understanding of how the system works. As a former Deputy District Attorney who routinely prosecuted these crimes, I can help like few others can. Call me. Let’s talk.
*ORS 164.043
**These are extremely rare for such low-level misdemeanors which usually will carry a fine in the hundreds of dollars the jail time measured in days if imposed at all.
***Again, maximum penalties are rarely imposed and then only for special circumstances.
****See ORS 163.160 through 163.185
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