Oregon Revised Statutes 161.605 established the maximum possible sentence for felony crimes. The Oregon Legislature also created the Oregon Criminal Justice Commission which established a sentencing guidelines grid. This grid takes in to account the “Crime Seriousness Ranking” with the offenders “Criminal History” to calculate the presumptive sentence.
Criminal History and Crime Seriousness Ranking
The “Criminal History” goes from “A” being the offenders with the greatest criminal history (three or more person felony convictions) and “I” being no, or very minimal, criminal history (no A misdemeanors). The “Crime Seriousness Ranking” is determined based on rankings given to the individual crimes. A ranking of “1” is for the lowest offenses and “11” for the highest. For example, Unlawful Possession of a Controlled Substance is a “1,” while Murder is an “11.”
In practice, one would take the Crime Seriousness Ranking and correlate it with the offender’s Criminal History. For example, a person with no juvenile felonies or adult “A” misdemeanors is an “I.” If this person is charged with Second Degree Manslaughter (involving a DUI charge), which is a level 9 offense, he or she would be a 9I and would be facing a presumptive prison sentence of 34-36 months of prison. Felony sentencing can be very complicated and tricky and requires an experienced criminal defense attorney to help in calculating, negotiating, or arguing for an appropriate sentence.
Click on Sentencing Grid Sheet to view the Oregon Criminal Justice Commission Sentencing Guidelines Grid.