Criminal Law

Under state and federal laws, crimes can either be charged as misdemeanors or felonies, depending on the nature and severity of the offense. In general, felonies are considered more serious than misdemeanors, and they often carry lengthy prison sentences, steep fines, and other restrictions. Misdemeanors can still result in significant consequences, such as jail time, probation, fines, and other punishments. Whether you are facing a felony or misdemeanor charge, Christine Herbert, P.C. is here to provide you with effective and aggressive legal representation, fighting hard to protect your rights at every turn.

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Understanding Felony Charges

A felony conviction can take away your right to vote, own a firearm, and you may face long periods of incarceration. Because so much is at stake, working with the right defense attorney is crucial. It is critical that you contact an attorney early in the criminal process to protect and preserve all your rights. At Christine Herbert, P.C., we have decades of experience handling all types of criminal proceedings in Oregon as well as in the U.S. District Court in Oregon. We’ve served clients charged with violent crimes, Measure 11 crimes, rape, sex abuse, assault, drug charges, and more.

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Misdemeanors in Oregon

A misdemeanor is a crime that carries a penalty of less than one year in jail. Misdemeanor crimes may include DUII, shoplifting, prostitution/solicitation, strangulation, and others. Like felonies, misdemeanor convictions can show up on background checks, affect your ability to be hired, and restrict your ability to travel internationally. Call us today to set up a consultation to discuss your pending misdemeanor charge.

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Serving Oregon for Over 20 Years

Principal attorney Christine Herbert has over two decades of experience representing clients in Oregon state courts. She represents clients in Jackson County. At Christine Herbert PC, we understand how confusing and frightening it can be to face criminal charges, and that’s why we will strive to protect your rights by treating your case with the care, attention to detail, and strictest confidentiality it deserves. We will work with you, side-by-side, to help you achieve the best possible outcome. Call our office today to set up your initial consultation.

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The state of Oregon currently has a law that requires the court to impose a minimum sentence for certain crimes. These Measure 11 offenses are generally serious in nature, but those who are convicted of one of these crimes face lengthy sentences that severely limit their futures. Don’t let an over-eager prosecutor deny you your freedom—contact Christine Herbert to work with a reliable and effective criminal defense attorney who will work tirelessly to protect your rights and your future.

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Understanding Measure 11

In 1994, a ballot initiative called Measure 11 was put forward that proposed minimum mandatory sentences for certain serious crimes. It went into effect on April 1, 1995, and it was reaffirmed by voters in the year 2000. The law requires the court to impose a minimum sentence with no possibility for any reduction in sentencing. This means that, even if you would qualify to be released early for good behavior, the law forbids it. Examples of Measure 11 offenses and their mandatory minimum sentences are as follows:

• Aggravated Murder: 30 years

• Murder: 25 years

• Manslaughter I: 10 years

• Compelling Prostitution: 5 years, 10 months

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Here to Serve You

Oregon Measure 11 charges carry particularly lengthy sentences, and they often invite overzealous district attorneys to force long and harsh sentences on such defendants. If you have been accused of a Measure 11 crime, you need a knowledgeable and dedicated criminal defense attorney by your side to help you successfully resolve your case. Maximizing the potential for a positive outcome often means your attorney must strive to outwork the prosecution. Christine Herbert has significant experience defending clients from Measure 11 charges. Call our office for a free and confidential initial consultation, and we will get to work defending your freedom and your future.

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Ballot Measure 11 Pre-Trial Detention

• If you are arrested on Measure 11 charge you may be held in jail

• You must have a court appearance within 36 hours

• If you want a release hearing you must request it at your initial court hearing, the state must then hold it within 5 days

  • The court will determine whether there is probable cause and whether you are likely to reoffend

  • You may have a lawyer present

  • The burden of proof is on the State

  • Minimum bail is $50,000. You must post 10% to be released. The bail amount varies from county to county across the state. The judge may lower your bail.

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Crimes Against Persons

These crimes are considered more serious than other crimes and all of these crimes are even more serious when a weapon is involved

• Criminal Mistreatment: Having a legal duty to provide care to another and withholding that care or knowingly causing physical injury

• Assault: Intentionally, knowingly, or recklessly injuring another person; or with criminal negligence, causing injury to another

• Criminal Homicide: Killing someone without justification

• Escape: Unlawful departure from a correctional facility or custody

• Extortion, Blackmail, Duress: Forcing another to act against his will by threat or violence

• Harassment: Intentionally causing offensive physical contact to another without injury

• Intimidation: Threatening, or injuring another person or a person’s property because of his or her race, color, religion, national origin, or sexual orientation

• Kidnapping: Intentionally taking another person from one place to another against his or her will

• Resisting Arrest: Using or threatening to use physical force to avoid arrest

• Robbery: Stealing from a person by using physical force or threats of physical force

• Stalking: knowingly alarming or coercing another person or a member of that person’s immediate family by engaging in repeated an unwanted contact, where the contact causes the person reasonable fear for his own or family member’s personal safety

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Sexual Offenses

Sexual activity is illegal when:

• There is no consent

• Both partners consent, but the law doesn’t recognize the consent of one of you:

  • You or your partner is under 18 years of age

    • It is a defense if the age spread between you and your partner is within three years, however enforcement varies

  • You or your partner has a mental disease or defect which prevents judgment of actions

  • You or your partner is mentally incompetent

  • You or your partner is physically helpless (asleep, in a coma, blacked out)

• Specific Sexual Offenses:

  • Sexual Abuse: touching the sexual or intimate parts of a person or making another touch you as such for the purpose of arousing either person. Intercourse without consent is sexual abuse

    • 3rd degree: a person subjects another person to sexual contact and the other person does not consent or is unable to consent because he or she is under 18 years of age

    • 2nd degree: a person subjects another to sexual intercourse or unlawful sexual penetration and the other person does not consent

    • 1st degree: a person subjects another person under 14 years of age to sexual contact by force

  • Deviate Sexual Intercourse: anal or oral sex

    • 3rd degree: a person has deviate sexual intercourse with another person under 16 years of age or causes such a person to have deviate sexual intercourse

    • 2nd degree: same as above but involving a person 14 years of age or younger

    • 1st degree: same as above but involving a person 12 years of age or younger; or a person is 16 years of age or young and the perpetrator is a brother or sister (whole or half blood), a son or daughter, a stepson or stepdaughter, or a person incapable of consent

  • Rape: Having sexual intercourse under the following circumstances:

    • 3rd degree: a person has sexual intercourse with a person who is under 16 years of age

    • 2nd degree: same as above involving a person 14 years of age or younger

    • 1st degree: a person has sexual intercourse with a person who is:

      • Forced;

      • Unable to consent (by law or due to state of helplessness);

      • Under 12; or

      • Under 16 and sibling or child of the perpetrator

  • Contributing to the Sexual Delinquency of a Minor: This is less serious than “statutory rape.” It is committed when a person who is 18 years of age or older has sexual intercourse with any person under 18 years of age

  • Sexual Harassment: intentionally annoying a person by subjecting them to offensive physical contact that consists of touching the sexual or intimate parts of that person

  • Public Indecency: a person engages in sexual intercourse or deviate sexual intercourse or exposes the genitals with intent to arouse in a public place or in view of a public place

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Crimes Against Property

• Arson: starting a fire or causing an explosion which damages property, more serious when people are injured

• Burglary: unlawful entering or remaining in a building with intent to commit any crime

• Computer Crimes: a person knowingly and without authorization uses, accesses, or attempts to access any computer, computer system, or network

• Vandalism: tampering with or damaging another person’s property, the crime becomes more serious as the property damages increases

• Criminal Trespass: unlawfully entering or remaining on the property of another

• Theft: intent to deprive another person of their property

• Forgery: intentionally making, completing, or changing a written or printed document without permission or using or presenting a document you know is forged

• Joyriding: Taking, operating, riding in, or using someone else’s vehicle without permission

• Graffiti: applying graffiti to an object knowing you have no right to do so. It is also a violation to possess a graffiti implement (paint, chalk, dye). Damage to public property may result in a felony charge

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Offenses Against Public Order

• Riot: a person, while participating with five or more persons, engages in violent and disorderly conduct and intentionally or recklessly creates a grave risk of causing public harm

• Disorderly Conduct: Fighting, noise, refusing to comply with a public order to disperse, circulating a false report of a fire, crime, or other emergency, or creating a hazardous or physically offensive condition which the person is not licensed or permitted to do. If you need a lawyer call us today!

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Crimes Against Victims:

• Alcohol

• Minor in Possession

• DUII

• Drugs

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ATTENTION: The presentation of information on this website is not intended to — and does not — constitute legal advice. Additionally, no attorney-client relationship is formed by accessing, viewing, or submitting information via this website.