Oregon Felony Classes and Misdemeanor Penalties (2026)

Oregon law divides crimes into felonies and misdemeanors: except as ORS 161.585, 161.705 and 161.710 provide, a crime is a felony "if it is so designated in any statute of this state or if a person convicted under a statute of this state may be sentenced to a maximum term of imprisonment of more than one year" (ORS 161.525). Felonies are Class A, B, C or unclassified, and misdemeanors are Class A, B, C or unclassified (ORS 161.535, 161.555), with maximum terms and fines set in ORS 161.605 to 161.635.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Oregon's offense and crime classification statutes (ORS 161.505 to 161.555), the class sentencing and fine sections (ORS 161.605 to 161.635), felony reductions (ORS 161.570 and 161.705), the sentencing guideline and mandatory-sentence statutes in ORS chapter 137, the murder sentencing sections in ORS chapter 163, probation, and violations (ORS chapter 153). It does not cover how individual offenses are graded (see the Oregon theft laws and Oregon assault and battery laws pages), the guideline grid cells, time limits for charging a crime, record clearing, juvenile court, city and county ordinances, or federal offenses. For every state side by side, see felony and misdemeanor classes by state.

Felony vs misdemeanor in Oregon

Oregon starts with the broader word "offense." Under ORS 161.505, "An offense is either a crime, as described in ORS 161.515, or a violation, as described in ORS 153.008." A crime "is an offense for which a sentence of imprisonment is authorized," and "A crime is either a felony or a misdemeanor" (ORS 161.515).

The felony line is one year of possible imprisonment:

"Except as provided in ORS 161.585, 161.705 and 161.710, a crime is a felony if it is so designated in any statute of this state or if a person convicted under a statute of this state may be sentenced to a maximum term of imprisonment of more than one year." (ORS 161.525)

"A crime is a misdemeanor if it is so designated in any statute of this state or if a person convicted thereof may be sentenced to a maximum term of imprisonment of not more than one year." (ORS 161.545)

Each felony in the Oregon Criminal Code has its class "expressly designated in the section defining the crime," except "murder in any degree under ORS 163.107 or 163.115 and treason under ORS 166.005" (ORS 161.535(2)). Misdemeanors in the Code are designated the same way (ORS 161.555(2)).

Oregon felony and misdemeanor classes table

These are the ranges for the class itself; murder and aggravated murder carry their own life terms, and ORS 137.700, 137.635, 137.690, 137.717, 137.719, 137.725, 161.610 and 161.725 set mandatory, presumptive or extended terms for listed and repeat convictions, described below.

ORS 161.605 states "The maximum term of an indeterminate sentence of imprisonment for a felony." Misdemeanor sentences "shall be for a definite term," with the court fixing the term within the class limits (ORS 161.615). For fines, if a person "has gained money or property through the commission of a felony," the court may instead impose a fine "not exceeding double the amount of the defendant's gain from the commission of the crime" (ORS 161.625(3)(a)).

Unclassified offenses and the default class

An offense defined outside the Criminal Code that meets the felony definition "because of the express sentence provided" is an unclassified felony (ORS 161.535(2)), and the same rule makes an unclassified misdemeanor (ORS 161.555(2)). Their terms and fines come from the statute that defines the crime (ORS 161.605(4), 161.615(4), 161.625(2), 161.635(2)).

When a statute defines an offense "without specification as to its classification or as to the penalty authorized upon conviction," it "shall be considered a Class A misdemeanor" (ORS 161.555(3)). An offense designated a violation without a class is "an unclassified violation," which "is a Class B violation" (ORS 153.015(1)).

How an Oregon felony sentence is actually set

The class maximum is the outer limit, not the typical sentence. ORS 137.010(1) requires a court, "for felonies committed on or after November 1, 1989," to sentence "in accordance with rules of the Oregon Criminal Justice Commission unless otherwise specifically provided by law." Under ORS 137.669, "the incarcerative guidelines and any other guidelines so designated by the Oregon Criminal Justice Commission shall be mandatory and constitute presumptive sentences," except as ORS 137.637 and 137.671 provide.

A court "may impose a sentence outside the presumptive sentence or sentence range" if "there are substantial and compelling reasons justifying a deviation," and it must state its reasons as Commission rules require (ORS 137.671). The Commission's guidelines are in Oregon Administrative Rules chapter 213 and rank crimes in crime seriousness categories (OAR 213-005-0008 refers to categories 1 through 11).

Murder and aggravated murder

The Class A felony maximum does not describe Oregon's homicide sentences. Each murder statute sets its own term:

• Second degree murder (ORS 163.115(5)): a person at least 15 years old at the time "shall be punished by imprisonment for life," and the court "shall order that the defendant shall be confined for a minimum of 25 years without possibility of parole."
• First degree murder (ORS 163.107(2)): a person at least 15 years old is sentenced "to life imprisonment," and the court "shall order that the defendant be confined for a minimum of 30 years without possibility of parole." The court "may sentence the person to life imprisonment without the possibility of parole if the person was at least 18 years of age at the time of committing the murder."
• Murder of a pregnant victim (ORS 163.155): when a defendant at least 15 years old is convicted of murdering a pregnant victim under ORS 163.115(1)(a) and knew the victim was pregnant, the sentence is life imprisonment without the possibility of release or parole if the defendant was at least 18, or otherwise life imprisonment. The second degree murder term above applies "Except as otherwise provided in ORS 144.397 and 163.155," and the first degree term applies "Except as otherwise provided in ORS 163.155 and paragraph (b) of this subsection" (ORS 163.107(2)(a)).
• Aggravated murder (ORS 163.105(1)(a)): "Except as otherwise provided in ORS 137.707," a defendant convicted of aggravated murder "shall be sentenced, pursuant to ORS 163.150, to death, life imprisonment without the possibility of release or parole or life imprisonment."

ORS 137.700 states its own figures for the same two murder offenses: its list of mandatory minimum terms gives "Murder in the second degree, as defined in ORS 163.115. 300 months" and "Murder in the first degree, as defined in ORS 163.107 360 months" (ORS 137.700(2)(a)). Each statute applies by its own terms.

Measure 11 mandatory minimums

For an offense listed in ORS 137.700(2) (committed on or after April 1, 1995 for the subsection (2)(a) offenses, October 4, 1997 for (2)(b) and January 1, 2008 for aggravated vehicular homicide under (2)(c)), "the court shall impose, and the person shall serve, at least the entire term of imprisonment listed," "Notwithstanding ORS 161.605." Listed terms include 90 months for first degree assault and 70 months for second degree assault, alongside the murder terms above. During that term the person is not eligible "for release on post-prison supervision or any form of temporary leave from custody," and is not eligible "for any reduction in, or based on, the minimum sentence for any reason whatsoever under ORS 421.121 or any other statute." The court "may impose a greater sentence if otherwise permitted by law, but may not impose a lower sentence" (ORS 137.700(1)).

ORS 137.712 is the exception. For second degree manslaughter, second degree assault under ORS 163.175(1)(b), second degree kidnapping, second degree rape, second degree sodomy, second degree unlawful sexual penetration, first degree sexual abuse under ORS 163.427(1)(a)(A) and second degree robbery, a court may impose a guideline sentence below the Measure 11 minimum only if it makes the findings in ORS 137.712(2) on the record and finds "a substantial and compelling reason under the rules of the Oregon Criminal Justice Commission" (ORS 137.712(1)(a)). ORS 137.707 sets a parallel scheme for certain juveniles prosecuted as adults.

Repeat-offender and extended sentences

Oregon has no single habitual-felon statute; it uses several targeted ones:

• Repeat listed felonies (ORS 137.635). A person subject to this section "shall not be eligible for probation," "shall serve the entire sentence imposed by the court," and is not eligible "for parole or any form of temporary leave from custody" or for sentence reductions under ORS 421.120 or 421.121. It applies to a person convicted of a felony listed in ORS 137.635(2) who has a previous conviction for a listed felony.
• Third felony sex crime (ORS 137.719). "The presumptive sentence for a sex crime that is a felony is life imprisonment without the possibility of release or parole if the defendant has been sentenced for sex crimes that are felonies at least two times prior to the current sentence." Sentences imposed in the same proceeding count as one (ORS 137.719(3)(a)).
• Second first-degree rape, sodomy or unlawful sexual penetration (ORS 137.725). The presumptive sentence for first degree rape, sodomy or unlawful sexual penetration is life imprisonment without the possibility of release or parole if, at the time of the offense, the defendant has a prior conviction for a crime listed in ORS 137.725(4).
• Repeat major felony sex crime (ORS 137.690). A person convicted of first degree rape, first degree sodomy, first degree unlawful sexual penetration or using a child in a display of sexually explicit conduct, who has a previous conviction for one of those crimes, "shall be imprisoned for a mandatory minimum term of 25 years."
• Felonies with a firearm (ORS 161.610). When use or threatened use of a firearm is pleaded and proved as an element of a felony, the minimum prison term is 5 years on a first conviction (10 for a machine gun, short-barreled rifle or shotgun, or a silencer), 10 years (or 20) on a second and 30 years on a third, and the sentence may not be suspended; on a first conviction for a felony committed on or after November 1, 1989, the court may instead impose a lesser sentence under Commission rules. The minimums do not have to be imposed on a person waived from juvenile court under the statutes listed in ORS 161.610(6) (ORS 161.610(3)-(6)).
• Repeat property offenders (ORS 137.717). For aggravated theft in the first degree, organized retail theft, first degree burglary or aggravated identity theft, the presumptive sentence is 24 months of incarceration (unless Commission rules prescribe more) if the person has a qualifying previous conviction, and the section sets presumptive terms for other listed property crimes. The court must impose at least the presumptive sentence unless the parties stipulate otherwise or the court finds, among other things, that the person was not on probation, parole or post-prison supervision for a listed crime at the time and that a downward departure will "Increase public safety" (ORS 137.717(6)).
• Dangerous offenders (ORS 161.725). "Subject to the provisions of ORS 161.737, the maximum term of an indeterminate sentence of imprisonment for a dangerous offender is 30 years," when an extended period of confinement is required for public protection and a listed ground exists, such as a Class A felony sentence for a defendant suffering from a severe personality disorder (ORS 161.725(1)).

For ORS 137.719 and 137.725, a court may impose a different sentence only through "a departure sentence authorized by the rules of the Oregon Criminal Justice Commission based upon findings of substantial and compelling reasons."

Reducing a felony to a misdemeanor in Oregon

Oregon has two main statutes that work like a wobbler.

Court reduction (ORS 161.705). "Notwithstanding ORS 161.525, the court may enter judgment of conviction for a Class A misdemeanor and make disposition accordingly" when a person is convicted of any Class C felony, or when a person convicted of a Class C felony, certain Class B marijuana or controlled substance possession or delivery felonies, or a Class A felony under ORS 166.720 "has successfully completed a sentence of probation," and in either case the court, "considering the nature and circumstances of the crime and the history and character of the defendant, believes that a felony conviction would be unduly harsh" (ORS 161.705(1)). For a Class C felony the entry is made at the time of conviction; for the probation-based route, at any time after probation is completed (ORS 161.705(2)).

Prosecutor election (ORS 161.570). "A district attorney may elect to treat a Class C nonperson felony or a violation of ORS 475.752 (7)(b), 475.854 (2)(c) or 475.874 (2)(c) as a Class A misdemeanor," orally or in writing (ORS 161.570(2)). The district attorney must first adopt written guidelines for when the election may be made, and "If no election is made under this section, the case proceeds as a felony" (ORS 161.570(4)-(5)). The fine on the resulting misdemeanor may not be less than the minimum felony fine under ORS 137.286 or more than the ORS 161.625 fine for the felony's class (ORS 161.570(6)).

A separate statute lets a prosecuting attorney "elect to treat any misdemeanor as a Class A violation," except as ORS 161.566(4) provides; "If no election is made, the case shall proceed as a misdemeanor" (ORS 161.566(1)). The older reclassification rule in ORS 161.585 applies "only to persons convicted of a felony committed prior to November 1, 1989" (ORS 161.585(3)). ORS 161.710 separately lets a court enter a Class A misdemeanor for felony criminal driving while suspended or revoked committed before September 1, 1999, based on habitual offender status, after probation is completed and on a finding that a continued felony conviction would be unduly harsh.

Violations are not crimes

A violation sits outside the criminal classes. "The penalty for committing a violation is a fine. The law creating a violation may impose other penalties in addition to a fine but may not impose a term of imprisonment" (ORS 153.018(1)). "Except as otherwise provided by law," the maximum fine for an individual is $2,000 for a Class A violation, $1,000 for Class B, $500 for Class C and $250 for Class D (ORS 153.018(2)).

"Conviction of a violation does not give rise to any disability or legal disadvantage based on conviction of a crime" (ORS 153.008(2)).

Probation in Oregon

Misdemeanors and pre-1989 felonies

Except for felonies committed on or after November 1, 1989, a court may suspend the imposition or execution of any part of a sentence "for any period of not more than five years" if that is in the best interests of the public and the defendant (ORS 137.010(3)). For those offenses, it may also impose probation "for a definite or indefinite period of not more than five years" (ORS 137.010(4)). On a later finding that a person on probation for a felony violated a condition, the court may, instead of revoking, extend the suspended sentence and probation "until a date not more than six years from the date of original imposition of sentence" (ORS 137.010(4)).

Felonies committed on or after November 1, 1989

Felony probation follows the Commission's rules. "The presumptive duration of probation shall be determined by the crime seriousness category of the most serious current crime of conviction": 18 months for crime categories 1 to 2, two years for categories 3 to 5, three years for categories 6 to 8, and five years for categories 9 to 11, and "A probationary term shall not exceed five years" (OAR 213-005-0008).

Within that five-year cap, the judge may without departure set a different bench-probation term or extend probation after a violation, and may by departure impose a greater term of supervised probation (OAR 213-005-0008(2)(a)-(b), (e)). For first or second degree rape, sodomy, unlawful sexual penetration or sexual abuse (ORS 163.365 to 163.427, as listed), a probation sentence must be "at least five years and no more than the maximum statutory indeterminate sentence for the offense" (ORS 137.012; OAR 213-005-0008(2)(c)).

Probation is not available for every felony. Among other limits, ORS 137.635 says a person subject to it "shall not be eligible for probation," Measure 11 offenses carry minimum prison terms that may not be reduced except through ORS 137.712, the repeat sex-crime statutes make life without release the presumptive sentence, ORS 161.610 bars suspending a firearm sentence except as its subsection (5) allows on a first conviction, and ORS 137.717 requires at least the presumptive incarceration term for repeat property offenders absent a stipulation or the listed findings.

Probation violations

For "any misdemeanor" and for felonies committed before November 1, 1989, the court "after summary hearing, may revoke the probation" and either execute the rest of a suspended sentence or, "If no other sentence has been imposed," impose "any other sentence which originally could have been imposed" (ORS 137.545(5)(a)). For felonies committed on or after November 1, 1989, the court "may revoke probation supervision and impose a sanction as provided by rules of the Oregon Criminal Justice Commission" (ORS 137.545(5)(b)). Except for good cause, a probationer held for a revocation hearing must be released if the hearing is not held "within 14 calendar days following the arrest or detention" (ORS 137.545(6)).

Under the Commission's revocation rule, a person whose presumptive sentence was probation receives, on revocation, a term "to the supervisory authority for a term up to a maximum of six months." A person whose probation was a departure from a presumptive prison sentence, or an optional probationary sentence, receives "a prison term up to the maximum presumptive prison term which could have been imposed initially" if that term exceeds 12 months, and otherwise a term to the supervisory authority up to the presumptive prison term (OAR 213-010-0002(1)-(2)). If probation imposed under ORS 137.712 is revoked under ORS 137.712(5), the court shall impose the presumptive prison term (OAR 213-010-0002(3)).

Recent changes to Oregon's classification statutes

• House Bill 2473 (2025 Or. Laws c. 375): amended ORS 161.566 and 161.570 and carries an emergency clause; the Legislature's 2025 enactment table lists chapter 375 as effective June 24, 2025. The act removed the requirement that these elections be made at or before the defendant's first appearance and repealed the former provision allowing misdemeanor treatment of a felony by stipulation after first appearance; the changes apply to prosecutions commenced on or after June 24, 2025 (2025 Or. Laws c. 375, ss. 5-7).
• House Bill 3069 (2025 Or. Laws c. 557): amended ORS 137.717, the repeat property offender statute, along with other sentencing and supervision sections. The text of ORS 137.717 quoted above is the current version.

Federal firearms consequence

Federal law bars firearm possession by a person convicted of "a crime punishable by imprisonment for a term exceeding one year" (18 U.S.C. 922(g)(1)), and what counts as a conviction is determined under the law of the convicting state (18 U.S.C. 921(a)(20)). Oregon's felony line is a possible maximum of more than one year (ORS 161.525), and its highest misdemeanor class carries up to 364 days. Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The felony and misdemeanor classes hub covers the federal classes.

Related legal issues

How an offense lands in one of these classes depends on the offense statute; the Oregon theft laws page shows how theft is graded, and the Oregon assault and battery laws page does the same for assault, including the Measure 11 assault offenses. Clearing a conviction from a record is covered on the Oregon expungement laws page, and time limits for filing charges are on the Oregon statute of limitations page. Because murder and the repeat sex-crime statutes carry life terms, the Oregon life sentence page explains how those sentences work.

Related pages

• Felony and misdemeanor classes by state
• Oregon theft laws
• Oregon assault and battery laws
• Oregon expungement laws
• How long is a life sentence in Oregon
• Washington felony and misdemeanor classes
• Idaho felony and misdemeanor classes

Disclaimer: This article provides general legal information about Oregon's crime classification and sentencing statutes as of 2026-10-17. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Oregon.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Oregon?

Under ORS 161.525, a crime is a felony if a statute designates it one or if it carries a possible maximum prison term of more than one year, subject to ORS 161.585, 161.705 and 161.710. Under ORS 161.545, a misdemeanor is a crime designated as one or punishable by a maximum term of not more than one year.

What are the felony classes in Oregon?

Class A (up to 20 years and $375,000), Class B (up to 10 years and $250,000), Class C (up to 5 years and $125,000), and unclassified felonies, whose penalties come from their own statutes (ORS 161.535, 161.605, 161.625). The class maximums do not cap murder or aggravated murder, and guideline, Measure 11 and repeat-offender statutes shape the actual sentence.

What is a Class A misdemeanor in Oregon?

It is the highest misdemeanor class, punishable by a definite jail term of up to 364 days and a fine of up to $6,250 (ORS 161.615(1), 161.635(1)(a)). An offense defined by statute without a class or penalty is treated as a Class A misdemeanor (ORS 161.555(3)).

Is a violation a crime in Oregon?

No. ORS 161.505 separates violations from crimes, a violation is punished by a fine and may not carry a prison term (ORS 153.018), and a violation conviction does not give rise to any disability or legal disadvantage based on conviction of a crime (ORS 153.008(2)).

Does Oregon have wobblers?

Yes, in two main forms. A court may enter a Class A misdemeanor judgment for a Class C felony at conviction when a felony conviction would be unduly harsh (ORS 161.705), and a district attorney may elect to treat a Class C nonperson felony or listed drug offenses as a Class A misdemeanor under written guidelines (ORS 161.570). A prosecutor may also elect to treat a misdemeanor as a Class A violation, with exceptions (ORS 161.566).

How long is probation in Oregon?

For a misdemeanor, up to 5 years (ORS 137.010(4)). For a felony committed on or after November 1, 1989, the Commission rule sets presumptive probation of 18 months, 2, 3 or 5 years by crime category and generally caps probation at five years (OAR 213-005-0008), but for listed rape, sodomy, unlawful sexual penetration and sexual abuse offenses probation must run at least five years and may run up to the statutory maximum (ORS 137.012); some offenses are not eligible for probation at all.

What happens if you violate probation in Oregon?

For a misdemeanor, the court after a summary hearing may revoke probation and execute the suspended sentence or impose any sentence it originally could have imposed (ORS 137.545(5)(a)). For a post-1989 felony, it may revoke and impose a sanction under Commission rules, such as up to six months for someone whose presumptive sentence was probation (ORS 137.545(5)(b); OAR 213-010-0002).

What is Measure 11 in Oregon?

ORS 137.700 requires listed offenses (committed on or after April 1, 1995 for most, and October 4, 1997 or January 1, 2008 for later additions) to carry at least the full term the statute lists, for example 90 months for first degree assault and 70 months for second degree assault, with no post-prison supervision release, temporary leave or reduction during that term. ORS 137.712 lets a court go lower for certain listed offenses only on stated findings.