Class B Felony in Oregon: Measure 11, Sentences, and Enhancements

An Oregon Class B felony sentence can reach 10 years in prison and a $250,000 fine. For the violent and sex-related offenses covered by Measure 11, the judge has to impose a mandatory minimum of 70 or 75 months with no early release. Non-Measure 11 Class B felonies are sentenced on a grid that weighs the offense against your criminal history, and a first-time offender with a lower-level charge can sometimes receive probation instead of prison.

Which Crimes Are Class B Felonies in Oregon

The classification covers a wide range of conduct. Some of the offenses most commonly charged at this level:

Some lower-level crimes can be bumped up to Class B status. Third-degree assault, for example, is usually a Class C felony but becomes a Class B when the injury resulted from driving under the influence.6Oregon Public Law. Oregon Code 163.165 – Assault in the Third Degree

The Statutory Maximum and Fine

Ten years in prison is the statutory ceiling for any Class B felony, and it holds unless a separate statute or enhancement pushes the number higher.7Oregon State Legislature. Oregon Code 161.605 – Maximum Terms of Imprisonment for Felonies The fine ceiling is $250,000.8Oregon Public Law. Oregon Code 161.625 – Fines for Felonies

When a defendant profited from the crime, the judge can bypass the $250,000 cap and impose a fine of up to double the defendant’s financial gain.8Oregon Public Law. Oregon Code 161.625 – Fines for Felonies Restitution to the victim is frequently ordered on top of any fine.

Measure 11 Mandatory Minimums

Measure 11, passed by Oregon voters in 1994, removes judicial discretion for a specific list of violent and sex-related crimes. If your Class B felony appears on that list, the judge has to impose at least the mandatory minimum. No parole, no early release, no good-behavior reductions.9Oregon Public Law. Oregon Code 137.700 – Offenses Requiring Imposition of Mandatory Minimum Sentences

The Class B felonies covered by Measure 11 and their minimums:

  • Second-degree assault: 70 months
  • Second-degree kidnapping: 70 months
  • Second-degree robbery: 70 months
  • Compelling prostitution: 70 months
  • Using a child in a display of sexually explicit conduct: 70 months
  • Second-degree manslaughter: 75 months
  • Second-degree rape: 75 months
  • First-degree sexual abuse: 75 months
  • Second-degree sodomy: 75 months
  • Second-degree unlawful sexual penetration: 75 months

Those are floors, not ceilings. A judge can go higher but cannot go lower for any reason.9Oregon Public Law. Oregon Code 137.700 – Offenses Requiring Imposition of Mandatory Minimum Sentences A 70-month mandatory minimum works out to roughly five years and ten months of guaranteed incarceration, served day for day.

Sentencing When Measure 11 Doesn’t Apply

Class B felonies outside the Measure 11 list are sentenced under Oregon’s sentencing guidelines grid. The grid weighs two variables: the seriousness of the crime, ranked 1 to 11, and the defendant’s criminal history, ranked A through I (A being the most extensive, I meaning no prior felonies or Class A misdemeanors).10Oregon Criminal Justice Commission. Oregon Sentencing Guidelines Grid

A first-time offender convicted of a lower-seriousness Class B felony may land in a grid block that calls for probation with local jail time rather than prison. As seriousness or history climbs, the presumptive sentence shifts to prison, with ranges running from roughly 16 months to well over 100 months at the top of the grid.10Oregon Criminal Justice Commission. Oregon Sentencing Guidelines Grid Judges can depart from the presumptive sentence but have to state their reasons on the record.

Non-violent Class B felonies like aggravated theft and drug offenses are the ones most likely to produce probation for defendants with clean records. Probation conditions typically include treatment programs, community service, and regular check-ins. Violating those conditions can lead the court to revoke probation and impose the prison sentence that was held in reserve.

Enhancements That Add to the Sentence

Firearm Enhancement

Using or threatening to use a firearm while committing any felony triggers a separate mandatory minimum on top of the underlying sentence. The first-offense minimum is five years. If the weapon is a machine gun, short-barreled rifle or shotgun, or is equipped with a silencer, the minimum rises to 10 years.11Oregon State Legislature. Oregon Code 161.610 – Enhanced Penalty for Use of Firearm During Commission of Felony

Later convictions escalate sharply. A second firearm-enhanced felony carries a 10-year minimum, or 20 years for the prohibited weapon categories. A third carries 30 years.11Oregon State Legislature. Oregon Code 161.610 – Enhanced Penalty for Use of Firearm During Commission of Felony The enhancement applies whether or not the firearm was operable.

Repeat Sex Offenses

A defendant convicted of a felony sex crime who already has at least two prior felony sex crime convictions faces a presumptive sentence of life without parole, even on a Class B felony. Prior sentences from other states or the federal system count toward the two-conviction threshold.12Oregon Public Law. Oregon Code 137.719 – Presumptive Life Sentence for Certain Sex Offenders Upon Third Conviction

Earned Time Credits and Post-Prison Supervision

Inmates serving non-Measure 11 Class B felony sentences can earn reductions of up to 20% or 30% depending on the applicable statute. The Oregon Department of Corrections awards the credits based on compliance with the inmate’s case plan and good institutional conduct, and major misconduct can cost some or all of the credit for the review period.13Oregon Public Law. Calculation and Application of Earned Time Credits Measure 11 sentences receive none of this. The mandatory minimum is served in full.9Oregon Public Law. Oregon Code 137.700 – Offenses Requiring Imposition of Mandatory Minimum Sentences

Prison is followed by a mandatory period of post-prison supervision. The length depends on the crime seriousness category: one year for categories 1 through 3, two years for categories 4 through 6, and three years for categories 7 through 11.14Oregon Public Law. Term of Post-Prison Community Supervision The combined prison term and supervision cannot exceed the 10-year statutory maximum for a Class B felony; if it would, the judge reduces the supervision period to stay within the cap.

Consequences That Outlast the Sentence

Federal law bars anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition.15Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Because every Class B felony carries a 10-year maximum, every conviction at this level triggers the ban regardless of what sentence the judge actually imposes. The prohibition is permanent unless rights are formally restored.

Oregon’s Ban the Box law blocks employers from asking about criminal convictions before an initial interview, or before a conditional offer if no interview is held.16Oregon Public Law. Oregon Code 659A.360 – Restricting Criminal Conviction Inquiries After that point, employers can weigh conviction history, and law enforcement and other legally mandated background-check positions are exempt. Professional licensing boards in healthcare, law, real estate, and similar fields evaluate whether the offense reflects on honesty and fitness for the profession, with crimes involving dishonesty, harm, or disrespect for legal norms treated as potentially disqualifying.17Oregon Public Law. OAR 161-530-0030 – Potentially Disqualifying Crimes

Oregon suspends voting rights only during incarceration and restores them automatically on release, though re-registration is required.18Multnomah County. Voting Rights in Oregon for Person Convicted of a Felony A felony conviction disqualifies you from federal jury service unless civil rights are legally restored.19United States Courts. Juror Qualifications, Exemptions and Excuses

Travel to Canada becomes difficult. A felony record renders you inadmissible, and Canadian border agents have direct access to FBI criminal records, so even sealed records may be detected. Canadian Criminal Rehabilitation can be applied for five years after the full sentence (including probation and fines) is complete, and a Temporary Resident Permit is available for urgent travel before that mark.

For noncitizens, a Class B felony conviction can trigger deportation. Federal immigration law applies its own “aggravated felony” label independently of Oregon’s classification, and a crime Oregon treats as a Class B felony can still qualify, barring most forms of relief from removal and future reentry. Anyone who is not a US citizen should consult an immigration attorney before entering a plea.

Setting Aside a Class B Felony Conviction

Oregon allows some Class B felony convictions to be set aside, which is the state’s term for expungement, but the exclusions are substantial. The waiting period is seven years from the date of conviction or release from prison, whichever comes later.20Oregon Public Law. Oregon Code 137.225 – Order Setting Aside Conviction or Record of Criminal Charge

Any Class B felony classified as a “person felony” under Oregon Criminal Justice Commission rules is ineligible, along with sex crimes and specifically listed offenses like using a firearm during a felony.20Oregon Public Law. Oregon Code 137.225 – Order Setting Aside Conviction or Record of Criminal Charge Assault, robbery, manslaughter, and kidnapping are person felonies, so most Measure 11 Class B felonies are permanently off the table. The convictions most likely to qualify are non-person offenses like aggravated theft and certain drug crimes.