Fighting Measure 11 Mandatory Minimums for Assault I and II Charges in Oregon

Understanding Measure 11 in Oregon

Being charged with a violent felony in Oregon is a life-altering event. In 1994, Oregon voters passed Measure 11, which established strict, mandatory minimum prison sentences for serious crimes. If you are convicted of Measure 11 offenses like First or Second-Degree Assault, the judge has almost no legal discretion to reduce your sentence or offer probation. You will be sent to a facility operated by the Oregon Department of Corrections, Salem.

For residents in Portland, Eugene, and Hillsboro, fighting these charges requires a highly strategic defense. The stakes could not be higher. Assault I carries a mandatory minimum of 90 months (7.5 years) in prison, while Assault II carries a 70-month (nearly 6 years) mandatory sentence under Or. Rev. Stat. § 137.700. Finding an aggressive criminal defense attorney through our United States lawyer directory is the most critical step you can take to protect your freedom.

Step-by-Step Process in Oregon Courts

Navigating the Oregon criminal justice system is a complex journey. Here is what you can expect when facing felony assault charges.

Step 1: Arrest and Arraignment

Following your arrest, you will make your first appearance in court. In a Measure 11 case, prosecutors typically ask the judge to deny bail or set it prohibitively high, citing you as a danger to the community. Your attorney can argue for your release, but you must be prepared for the possibility of remaining in custody during the trial.

Step 2: Grand Jury Indictment

In Oregon, a prosecutor from an office like the Multnomah County District Attorney's Office, Portland or the Washington County District Attorney's Office, Hillsboro will usually present evidence to a secret grand jury to secure a formal indictment. Your defense attorney is generally not allowed to participate in these proceedings, but they will receive the grand jury transcripts during the discovery phase.

Step 3: Discovery and Trial Preparation

Your lawyer will thoroughly review police reports, interview witnesses, and examine medical records. Because Assault I and II depend heavily on the victim's injuries, retaining independent medical experts is often necessary to challenge the state's evidence.

Differences in 'Serious Physical Injury' Definitions

The difference between a Measure 11 Assault II and a lower-level assault charge often comes down to statutory definitions and whether a weapon was involved. Under Or. Rev. Stat. § 163.185 (Assault I) and Or. Rev. Stat. § 163.175 (Assault II), the state must prove the victim suffered a 'serious physical injury.' Under Or. Rev. Stat. § 161.015, Oregon law defines this as an injury creating a substantial risk of death, serious and protracted disfigurement, or prolonged impairment of health, as evaluated in cases like State v. Alvarez, 240 Or. App. 167 (OR Court of Appeals 2010). However, under Or. Rev. Stat. § 163.175, Assault II is also triggered by causing merely standard 'physical injury' if it is inflicted by means of a deadly or dangerous weapon. Proving that an injury did not rise to 'serious physical injury' can defeat Assault I or non-weapon Assault II charges, but if a weapon was used, even an ordinary injury can sustain a Measure 11 conviction.

Use of a Dangerous Weapon vs. Deadly Weapon

Assault II charges frequently involve the use of a weapon. Oregon law differentiates between a 'deadly weapon' (something specifically designed to kill, like a firearm or a switchblade) and a 'dangerous weapon' (any ordinary object used in a manner capable of causing serious injury or death). A heavy work boot, a baseball bat, or a glass bottle can quickly escalate a simple bar fight into a Measure 11 offense if used to strike someone. Proving that an object was not used as a dangerous weapon is a common defense strategy.

Strategies for Negotiating Downward Departures

While Measure 11 imposes mandatory minimums, a skilled attorney can sometimes secure a better outcome. For Assault I under Or. Rev. Stat. § 163.185, the court has zero statutory authority to grant a downward departure; the 90-month prison term is absolutely mandatory unless your attorney negotiates a plea agreement to reduce or reclassify the charge. In weak state cases, a prosecutor might agree to drop the Measure 11 charge and allow you to submit a Petition to Enter Plea of Guilty / No Contest under Or. Rev. Stat. § 135.385 for a lesser, non-Measure 11 offense like Assault III. For Assault II under Or. Rev. Stat. § 163.175, judicial downward departures are strictly limited under Or. Rev. Stat. § 137.712. A departure from the 70-month minimum is only legally permissible for weapon-based physical injury cases where the victim did not suffer significant physical injury, no deadly weapon was used in a manner creating a substantial risk of death, and the defendant has no prior Measure 11 convictions.

How Much Does it Cost in Oregon?

How Long Does the Process Take?

Felony cases do not resolve overnight. From the initial arrest to a final jury verdict, a Measure 11 assault case typically takes anywhere from 9 to 18 months. During this lengthy period, maintaining strict compliance with any pretrial release conditions is absolutely mandatory.

Frequently Asked Questions (FAQ)