Felony and Measure 11 Defense Lawyer Serving Jackson, Josephine & Klamath Counties

How felonies are graded in Oregon

Oregon distinguishes crimes by the maximum punishment they carry. A misdemeanor is punishable by up to one year in a county jail; a felony carries a maximum of more than one year in state prison. Within the felony tier, the law establishes four grades:

• Class A felony — maximum 20 years in state prison
• Class B felony — maximum 10 years
• Class C felony — maximum 5 years
• Unclassified felonies — specific statutes set their own maximums (e.g., Aggravated Murder)

Judges have discretion to sentence below the statutory maximum in ordinary felony cases, taking into account criminal history and the Oregon Felony Sentencing Guidelines grid. That discretion disappears entirely in Measure 11 cases.

What Measure 11 means — and why it changes everything

Measure 11 is a 1994 Oregon ballot measure, codified in ORS 137.700 and related statutes, that strips judges of sentencing discretion for a defined list of serious person felonies. When a defendant is convicted of a qualifying offense, the court must impose the mandatory minimum prison term — it cannot impose a lesser sentence regardless of mitigating circumstances, lack of criminal history, or any other factor.

Qualifying Measure 11 offenses include, among others: Murder (including Felony Murder), Manslaughter I and II, Assault I and II, Robbery I and II, Kidnapping I and II, Rape I and II, Sodomy I and II, Unlawful Sexual Penetration I and II, and Sexual Abuse I. Mandatory minimums range from 70 months (just under six years) at the lower end up to life imprisonment for the most serious charges.

Critically, a defendant cannot serve Measure 11 time on probation or with early release. The sentence must be served in full before the defendant is eligible for any form of supervised release. This is why the investigation, motions, and trial preparation that happen before conviction matter so much: once a Measure 11 conviction is entered, the sentence is locked in.

The grand jury and indictment process

Oregon felony cases are typically initiated by grand jury indictment rather than a preliminary hearing. A grand jury of citizens meets in private, hears only the state's evidence, and decides whether probable cause exists to formally charge the defendant. The defendant has no right to appear, present evidence, or cross-examine witnesses at this stage.

If the grand jury returns a "true bill," a formal indictment issues. Arraignment in circuit court follows, at which the charges are read, release conditions are addressed, and the case is scheduled forward. In Oregon felony practice, a plea is not entered at arraignment — that comes later, after the defense has had the opportunity to review discovery and pursue pretrial motions.

Defense counsel can appear at arraignment to argue for favorable release conditions, which matters enormously: a defendant who remains out of custody can assist in their own defense, maintain employment, and prepare effectively for the months ahead.

Collateral consequences of a felony conviction

A felony conviction does not end when a sentence is served. Collateral consequences follow a person for years — sometimes for life:

• Firearm rights — a felony conviction results in a lifetime prohibition on possessing firearms under both Oregon and federal law
• Immigration — for non-citizens, many felony convictions trigger deportation proceedings, inadmissibility, or permanent bars to naturalization; Measure 11 offenses are virtually always aggravated felonies under federal immigration law
• Professional licenses — Oregon licensing boards for nursing, teaching, contracting, and other regulated professions can suspend or revoke licenses upon felony conviction
• Employment and housing — background checks routinely exclude applicants with felony records; the practical effects compound over time

Challenging the charge before conviction — through suppression motions, pretrial litigation, or trial — is the most effective protection for all of these rights.

How Rogue Defender approaches felony and Measure 11 cases

Clint Flippin, the firm's principal attorney, served as a Senior Deputy Defender with the Oregon Public Defense Commission — Oregon's public defense system — before founding Rogue Defender. That background means years of experience handling serious felony and Measure 11 cases in Southern Oregon's circuit courts, working directly against the same prosecutors and in front of the same judges.

Every felony case receives investigation-grade preparation:

• Discovery review — every police report, body camera recording, dispatch log, lab result, and witness statement is obtained and reviewed for inconsistencies
• Independent investigation — we do not rely solely on what the state provides; independent investigators and experts are engaged when the facts warrant it
• Pretrial motions — suppression of unlawfully obtained evidence (Fourth Amendment), challenges to witness identification, and dismissal motions are pursued where the law supports them
• Expert witnesses — forensic, medical, mental health, and other experts are retained when their testimony can shift the outcome
• Trial preparation — every case is built as if it will go to a jury; that posture produces better negotiated outcomes and better trial results

Rogue Defender serves clients appearing in Jackson County Circuit Court (Medford), Josephine County Circuit Court (Grants Pass), and Klamath County Circuit Court (Klamath Falls), as well as the municipal and justice courts throughout the region.

Frequently asked questions