The minimum sentence for strangulation in Oregon depends entirely on how the case is charged. A straight misdemeanor strangulation conviction carries no mandatory jail time at all, which means a judge can sentence a first-time offender to probation and zero days behind bars. If the charge is elevated to a Class C felony, there is still no mandatory minimum, but the sentencing guidelines push harder toward incarceration. And if prosecutors charge Assault in the Second Degree because the strangulation caused serious physical injury, Oregon’s Measure 11 law sets a hard floor of 70 months in state prison with no early release.
Misdemeanor Strangulation: The True Floor Is Zero Jail
Baseline strangulation under ORS 163.187 is a Class A misdemeanor.1Oregon State Legislature. Oregon Revised Statutes Chapter 163 – Offenses Against Persons The maximum penalty is 364 days in county jail and a fine of up to $6,250.2Oregon State Legislature. Oregon Revised Statutes 161.635 – Fines for Misdemeanors Those are ceilings. The statute sets no floor.
In practice, a first-time offender with mitigating facts often receives supervised probation and no jail time. Typical conditions include a certified batterer intervention program, anger management, community service, or some combination, with probation running one to three years. If the person completes every condition, the sentence stays at probation. Violate a condition and the court can revoke probation and impose the suspended jail sentence it had held in reserve.
What Pushes Strangulation to a Felony
ORS 163.187(4) lists the circumstances that automatically elevate strangulation to a Class C felony:1Oregon State Legislature. Oregon Revised Statutes Chapter 163 – Offenses Against Persons
- The victim is a spouse, former spouse, cohabitant, or other family or household member.
- The crime occurred in the immediate presence of, or was witnessed by, a minor child or stepchild in the household.
- The victim is under 10 years old.
- A dangerous or deadly weapon was used, attempted, or threatened.
- The person has prior convictions for strangulation or related assaultive offenses.
The family-or-household-member provision is the one prosecutors reach for most often. Any act of strangulation between intimate partners, former partners, or people sharing a home is almost always charged as a felony.
Class C Felony Sentencing Range
A Class C felony strangulation conviction carries up to five years in state prison and a fine of up to $125,000.3OregonLaws. ORS 161.625 – Fines for Felonies There is still no statutory mandatory minimum. A judge can impose probation on a felony strangulation, though felony probation conditions are more restrictive and the consequences of violating them more severe.
Oregon’s sentencing guidelines drive the actual outcome. A defendant with no criminal history typically lands in a guidelines range that permits probation. A defendant with prior assaults or domestic violence convictions sees that range shift toward incarceration, up to the full five years.
When Measure 11 Takes Over: Assault II and the 70-Month Floor
The sentencing picture changes completely when strangulation causes serious physical injury. In those cases, prosecutors often charge Assault in the Second Degree under ORS 163.175, either in place of or in addition to the strangulation count.4Oregon State Legislature. Oregon Revised Statutes 163.175 – Assault in the Second Degree Assault II is a Class B felony and falls squarely under Measure 11.
The Measure 11 mandatory minimum for Assault in the Second Degree is 70 months, which works out to five years and ten months.5Oregon State Legislature. Oregon Revised Statutes 137.700 – Offenses Requiring Imposition of Mandatory Minimum Sentences That number is a hard floor. The defendant serves every day of it in state prison. There are no good-time credits, no early release, no parole.
One narrow statutory exception exists. Under ORS 137.712, a court can sentence below the Measure 11 minimum for Assault II when the conviction is specifically under ORS 163.175(1)(b), meaning the injury was caused by means of a deadly or dangerous weapon, and the offender has a minimal criminal history.6OregonLaws. ORS 137.712 – Exceptions to ORS 137.700 and 137.707 The exception does not reach Assault II convictions based on causing serious physical injury without a weapon, which covers most strangulation-related Assault II charges. For the vast majority of defendants in that posture, the 70-month floor is absolute.
Why the Charge Chosen Often Decides the Minimum
The distance between misdemeanor strangulation (possible probation, zero jail) and Assault II under Measure 11 (70 months, no reductions) is the whole ballgame. That gap is what both sides negotiate over. A defendant facing Assault II charges may be able to plead to felony strangulation as a Class C felony, avoiding the mandatory minimum while still accepting serious consequences. A defendant charged with felony strangulation may be able to negotiate down to the misdemeanor if the facts support it.
The practical minimum sentence in any given case is often decided at the plea stage, not at sentencing. The leverage depends on the severity of the injury, the defendant’s criminal history, the relationship to the victim, and the strength of the evidence. Where Measure 11 is on the table, the difference between pleading to Assault II and pleading to a lesser charge can be the difference between roughly six years in state prison and a sentence served in the community.
Why “Probation Only” Is Not the Whole Picture
Even the lightest sentence for strangulation carries consequences that outlast any jail term or probation period, and anyone focused solely on the sentencing floor should factor these in.
A qualifying strangulation conviction triggers a federal lifetime firearms prohibition under 18 U.S.C. ยง 922(g)(9) when the relationship between the parties meets the federal domestic violence criteria.7Office of the Law Revision Counsel. 18 US Code 922 – Unlawful Acts This applies even when the underlying conviction is a misdemeanor with no jail time. The prohibition stays in place unless the conviction is expunged or the person receives a pardon with full restoration of rights.
For non-citizens, the stakes are higher still. The U.S. Court of Appeals for the Ninth Circuit has held that Oregon strangulation is categorically a crime of violence and qualifies as an aggravated felony under federal immigration law, making the convicted person deportable and ineligible for asylum, even when the state conviction is a misdemeanor.8United States Court of Appeals for the Ninth Circuit. Flores-Vega v. Barr
A domestic violence strangulation conviction also creates a rebuttable presumption under Oregon law that awarding custody to the convicted parent is not in the child’s best interests.9Oregon State Legislature. Oregon Revised Statutes Chapter 107 – Marital Dissolution, Annulment and Separation The parent can try to overcome that presumption, but the legal starting point is against them. Courts are also required to order restitution for the victim’s economic damages under ORS 137.106, including medical bills, counseling, and lost wages.10Oregon State Legislature. Oregon Revised Statutes 137.106 – Restitution to Victims Strangulation injuries frequently require emergency care, so restitution totals can be substantial.
So the honest answer to the sentencing question has two parts. The jail or prison floor can be zero, five years, or 70 non-negotiable months depending on how the case is charged. The rest of the consequences do not have a floor at all.