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PeterBo

ORS 163.205 Criminal Misdemenour in the First Degree, possibility of reduction of charge before Court date?

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My business partner has been charged with this crime- she left the adult foster home of which she is the DHS licensed Provider and part owner (in Oregon) during the night when she was the duty caregiver, a resident required medical assistance, the police were called, the resident was taken to hospital for the night then returned the next day, my partner was arrested and charged. She did not contest the charge.  A court date has been set for next month.

It seems that the charge with its felony classification and 5 year jail term is unnecessarily harsh for this particular situation.

1.  Are there minimum sentencing requirements for this charge?

2.  Is there any chance of getting the charge reduced to the misdemenour "Criminal Mistreatment in the Second degree" before or at her court appearance?

3.  If so how to go about  accomplishing this? and

4.  What is the sentencing range for the "Criminal Mistreatment in the Second degree" Charge?

Edited by FindLaw_John
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It seems that the charge with its felony classification and 5 year jail term is unnecessarily harsh for this particular situation.

1.  Are there minimum sentencing requirements for this charge?

 

Not under the statute, no. But sentencing is determined by the guidelines of the Oregon Sentencing Commission. Under those guidelines, a violation of ORS § 163.205 is a level 7 offense. If the defendant had no prior convictions at all, it appears that the presumptive sentence for the offense would be 90 days in jail followed by some period of supervision afterwards. That’s just the starting point; the sentence actually imposed may be greater or less. The max prison term for this, again assuming no criminal history, would be 3 years under the guidelines. A sentence of probation is also a possibility. Unless she has an extensive criminal history or there is more to the facts here than you indicated, she’s probably not going to spend a lot of time in jail or prison on this.

 

Whether she might get the charges reduced to the second degree offense and how she might do that are questions best asked of her attorney, and if she doesn’t have a lawyer, she ought to see about retaining one. A felony conviction carries with it a number of collateral consequences that she may wish to avoid if possible. 

 

You posted the same question in a thread someone else started a couple of years ago. It’s best to post new questions in a separate thread as you did here. I suggest you keep any follow-up questions that you have in this thread and not the other one.

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