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Frequently Asked Questions (FAQ)

What is a violent crime?
A violent crime is an offense which involves the use or threat of violence or injury. It may also involve the use of force to get a victim to comply or to carry out a criminal offense. Actual physical injury need not occur for an offense to be considered a violent crime, such as in the case of a carjacking where a car was forcibly stolen but the victim was uninjured.

What are some examples of violent crimes?
Armed robbery, arson, assault and battery, child abuse, kidnapping, murder and vehicular manslaughter may all be considered violent crimes.

What happens if you’re a minor arrested for a violent crime?
Under Oregon Ballot Measure 11, a juvenile over the age of 15 will be tried as an adult for certain violent criminal offenses. This means that the minor will face adult criminal penalties for the offense.

What is Ballot Measure 11?
Ballot Measure 11 was enacted in 1994 and mandated particular minimum sentences for specific person-to-person crimes. All the offenses covered under Measure 11 are violent crimes, and an offender convicted of any of these will face mandatory minimum sentences that cannot be reduced for parole or good behavior. Murder, manslaughter, kidnapping, robbery and rape are examples of violent crimes covered under Measure 11.

Will I go to prison?
If you are convicted of committing a serious violent crime, it is more than likely that you will go to state prison. Particularly if the offense is covered under Oregon Ballot Measure 11, you will face a mandatory minimum prison sentence that may range from 5 years and 10 months to 25 years in prison, depending upon the offense.

What are my rights after I’m arrested for a violent crime?
After an arrest, you have the right to remain silent, and you have the right to an attorney. You do not have to submit to police questioning without your attorney present. These rights are in place to help ensure that you are given due process of the law, that your constitutional rights are not violated and that the justice system works as it should.

Contact a Portland violent crime defense lawyer at our firm regarding your case and charges.

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