Oregon Misdemeanor Classifications: Classes, Penalties, and Sentences

Oregon sorts misdemeanors into four classifications: Class A, Class B, Class C, and unclassified. Class A carries the heaviest penalties—up to 364 days in jail and a $6,250 fine—and the ceilings step down from there. The class assigned to your charge controls how much jail time a judge can impose, how large a fine can run, how long prosecutors have to bring the case, and how soon you can ask a court to set the conviction aside.

The Four Misdemeanor Classes and Their Penalties

Class A

A Class A misdemeanor carries a maximum of 364 days in jail and a fine of up to $6,250.¹ Common Class A offenses include a first-offense DUII, fourth-degree assault, and second-degree theft (property valued between $100 and $1,000).²³ Possession of a controlled substance also falls here following Oregon’s 2024 recriminalization of drug possession.

Class B

A Class B misdemeanor carries up to six months in jail and a fine of up to $2,500.¹ Basic harassment is the textbook example. Oregon’s harassment statute defaults to Class B but jumps to Class A when the conduct involves sexual touching, threats to kill, or victims protected by restraining orders, so the specific facts in a harassment case decide whether you face six months or 364 days.

Class C

A Class C misdemeanor carries no more than 30 days in jail and a maximum fine of $1,250.¹ Third-degree theft (property worth less than $100) and offensive littering are standard Class C charges.⁴⁵ The penalties are lighter, but a Class C is still a criminal conviction and shows up on background checks.

Unclassified

When a statute defines a crime as a misdemeanor and sets its own unique penalty instead of assigning a letter class, Oregon treats it as an unclassified misdemeanor. The fine is whatever the defining statute says; there is no default amount.⁶ These show up most often in wildlife regulations, environmental statutes, and specialized traffic codes outside the main criminal code.

A separate rule covers a different situation. If a statute labels something a misdemeanor but assigns no class and sets no penalty, Oregon defaults to treating the offense as a Class A misdemeanor, and the 364-day jail ceiling and $6,250 fine cap apply.⁷ So an unclassified misdemeanor has a custom penalty written into its own statute; an unspecified misdemeanor borrows Class A penalties as a fallback.

Why the Class A Ceiling Is 364 Days

The one-day gap below a full year is deliberate. Under federal immigration law, a conviction carrying a potential sentence of one year or more can trigger deportation for noncitizens. Capping the Class A maximum at 364 days keeps Oregon’s most serious misdemeanors below that federal threshold.

What Sentences Judges Actually Impose

The jail and fine numbers above are ceilings, and most sentences never reach them. Oregon judges can suspend all or part of a jail sentence and place you on probation, which for a misdemeanor can last up to five years.⁸ Probation typically includes conditions such as staying out of trouble, reporting to a probation officer, completing treatment, or paying restitution.

Community service is another option. A judge can order it instead of jail, instead of a fine, or as a condition of probation, as long as you agree to donate the labor, and the court picks tasks within your abilities that fit around work or school.⁹ For a first-time Class A defendant, probation with community service is a much more likely outcome than a year in jail.

How Long Prosecutors Have to File Charges

The general statute of limitations for any Oregon misdemeanor is two years from the date the crime was committed.¹⁰ After that, the state cannot bring the case regardless of the evidence.

A few offenses get a longer clock. Strangulation, third-degree sexual abuse, and offenses involving obscene material shown to minors carry a four-year limitations period. When the victim of one of those crimes was under 18, the deadline extends until the victim turns 22 or four years after the offense is reported to law enforcement, whichever comes first.¹⁰

Clearing a Misdemeanor From Your Record

Oregon calls the process “setting aside” rather than expungement, but a successful motion removes the conviction from your public record. The waiting period runs from the date of conviction or release from jail, whichever is later. For a Class A misdemeanor, you wait three years. For Class B and Class C, one year.¹¹

Not every misdemeanor qualifies. The statute excludes sex crimes (with narrow exceptions), elder abuse through criminal mistreatment, and traffic offenses. If your probation was revoked, you must wait three years from the revocation date or until the original waiting period ends, whichever is later, and you cannot have any other conviction within the applicable time period leading up to the motion.¹¹ Skipping any requirement results in a denied petition.

Federal Consequences Oregon Cannot Override

Some misdemeanor consequences come from federal law and travel with the conviction regardless of Oregon’s classification.

Firearm Ban After Domestic Violence Convictions

A conviction for any misdemeanor crime of domestic violence triggers a federal ban on possessing firearms or ammunition under 18 U.S.C. § 922(g)(9).¹² The ban applies to any misdemeanor involving the use or attempted use of physical force against a spouse, former spouse, co-parent, or someone you lived with as a domestic partner. It does not matter whether the Oregon statute is labeled “domestic violence.” A fourth-degree assault conviction involving a partner qualifies. The prohibition is effectively permanent unless the conviction is expunged, set aside, or pardoned.¹³

Immigration Consequences

For noncitizens, a misdemeanor classified as a “crime involving moral turpitude” can block naturalization and in some cases lead to deportation. Federal law has no fixed list; the determination is case-by-case, based on whether the crime involves willful, morally reprehensible conduct with guilty intent. Theft, fraud, and assault-type offenses frequently qualify. A “petty offense” exception may apply if the conviction is your only moral turpitude offense, the sentence imposed was six months or less, and the maximum possible sentence does not exceed one year. Because Oregon caps Class A misdemeanors at 364 days, most Oregon misdemeanor convictions can potentially fit within this exception.¹⁴

City Ordinance Misdemeanors

Charges do not always come from state statute. Oregon cities can create their own misdemeanor-level offenses through local ordinances, and city authorities can prosecute those violations.¹⁵ Ordinance offenses usually cover community-specific issues such as noise, public nuisance, or local zoning rules. Cities can set penalties lower than what state law would impose for comparable conduct, but they generally cannot exceed state-level caps.¹⁶ Jail time under a city ordinance may be served in either the city jail or the county jail.

1
Oregon State Legislature. Oregon Code 161.615 – Maximum Terms of Imprisonment for Misdemeanors
2
Oregon Public Law. Oregon Code 813.010 – Driving Under the Influence of Intoxicants; Penalty
3
Oregon State Legislature. Oregon Revised Statutes Chapter 164 – Offenses Against Property
4
Oregon Public Law. Oregon Code 164.043 – Theft in the Third Degree
5
Oregon Public Law. Oregon Code 164.805 – Offensive Littering
6
Oregon State Legislature. Oregon Code 161.635 – Fines for Misdemeanors
7
Oregon State Legislature. Oregon Revised Statutes Chapter 161 – General Provisions
8
Oregon Public Law. Oregon Code 137.010 – Duty of Court to Ascertain and Impose Punishment
9
Oregon State Legislature. Oregon Code 137.128 – Community Service as Condition of or Alternative to Sentence
10
Oregon Public Law. Oregon Code 131.125 – Time Limitations
11
Oregon Public Law. Oregon Code 137.225 – Order Setting Aside Conviction or Record of Criminal Disposition
12
Office of the Law Revision Counsel. United States Code Title 18 Section 922
13
United States Department of Justice. Restrictions on the Possession of Firearms by Individuals Convicted of a Misdemeanor Crime of Domestic Violence
14
U.S. Citizenship and Immigration Services. Conditional Bars for Acts in Statutory Period
15
Oregon Public Law. Oregon Code 221.914 – Prosecution for Violation of Ordinance
16
Oregon State Legislature. Oregon Revised Statutes Chapter 153 – Violations and Fines