Criminal Justice System
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The criminal justice system includes 3 kinds of cases; felonies, misdemeanors, and violations. Each kind of case is handled differently in the court system. Criminal offenses are defined by both state statute and city ordinance. In Multnomah County, that includes all felonies, most misdemeanors, most major traffic offenses like driving under the influence of intoxicants, and violations.
The 3 kinds of cases are defined by state law in the Oregon Revised Statutes (ORS). An offense is conduct for which a sentence to a term of imprisonment or to a fine is provided by law. ORS 161.505. An offense is either a crime, which is punishable by imprisonment and is described in ORS 161.515, or a violation, which is not punishable by imprisonment and is described in ORS 153.008.
Some examples of the types of offenses prosecuted by the DA's Office are described below:
Felonies
A crime is a felony when a convicted person may be sentenced to a maximum term of imprisonment of more than 1 year. ORS 161.525. Felonies include murder, robbery, burglary, the delivery and manufacturing of drugs, sex offenses, aggravated assaults, thefts and fraud of more than $1,000, arson, car theft, and major weapons offenses.
Misdemeanors
A crime is a misdemeanor when a convicted person may be sentenced to a maximum term of imprisonment of not more than 1 year. ORS 161.545. Misdemeanors include shoplifting, assaults with minor injuries, property damage less than $1,000, resisting arrest, interfering with police officers, prostitution, and minor weapon offenses.
Due to budget cuts, which required a reduction in misdemeanor trial unit attorneys, the DA's Office has adopted a policy of reducing certain non-violent misdemeanor crimes to violations. This document has more information about the program.
Violations
A violation is an offense that is punishable by a fine and is not punishable by a term of imprisonment. ORS 153.008. Violations include minor traffic offenses, possession of small quantities of marijuana, minor in possession of alcohol, and misdemeanors that the DA's Office or the court elect to treat as violations as described in ORS 161.566 and 161.568.