Practice Areas
Measure 11 Crimes
Ballot Measure 11 crimes are person crimes that, upon conviction, require a mandatory minimum prison sentence. A judge has absolutely no discretion in sentencing. Ballot Measure 11 was passed by the citizens of Oregon in 1995 and gives the prosecutor substantial leverage in charging and negotiating a case.
The difference between a conviction for Assault II and a conviction for Assault III is 75 months in prison. Therefore, it is important to fully investigate and be aggressive in defending against these cases as it is not uncommon for a case to be charged as an Assault II or a Rape II, and then eventually resolved as an Assault III or Rape III.
Listed below are the Ballot Measure 11 Crimes and their mandatory minimum prison sentences.
| Crime | Mandatory Minimum Sentence (months) |
| Arson I | 90 |
| Assault I | 90 |
| Assault II | 70** |
| Att Agg Murder | 120 |
| Compelling Prostitution | 70 |
| Conspiracy Agg Murder | 120 |
| Attempted Murder | 90 |
| Conspiracy Murder | 90 |
| Kidnapping I | 90, 300*** |
| Kidnapping II | 70** |
| Manslaughter I | 120 |
| Manslaughter II | 75** |
| Murder | 300 |
| Rape I | 100, 300*** |
| Rape II | 75** |
| Robbery I | 90 |
| Robbery II | 70** |
| Sexual Abuse I | 75** |
| Sexual Penetration I | 100, 300*** |
| Sexual Penetration II | 75** |
| Sodomy I | 100, 300*** |
| Sodomy II | 75** |
| Use Child Display Sex Act | 70 |
**ORS 137.712 may authorize court to impose sentence of less than Measure 11 minimum
***300-month minimum applies only to adult defendants and for crimes committed on or after April 24, 2006. See ORS 137.700 for complete information about 300-month sentences.