What Is the Sentence for Aggravated Theft 1 in Oregon?

A conviction for aggravated theft in the first degree in Oregon carries a statutory maximum of ten years in prison and a fine of up to $250,000, but the sentence a judge actually imposes almost always falls well below that ceiling. Oregon uses a sentencing guidelines grid that pairs the seriousness of the crime with the defendant’s criminal history to produce a presumptive sentence. A first-time offender typically lands in a probation block. Someone with a lengthy felony record can face two years or more in prison. The charge is not a Measure 11 offense, so there is no mandatory minimum.

What the Charge Covers

Oregon defines this crime narrowly. A person commits aggravated theft in the first degree by committing first-degree theft involving property worth $10,000 or more, measured either in a single transaction or across multiple transactions added together.¹ A motor vehicle used mainly for personal transportation does not count toward the threshold, though a stolen commercial vehicle can.

The offense is a Class B felony.¹ That classification is what sets the ten-year statutory ceiling for any Class B felony in Oregon.²

Presumptive Sentences Under the Grid

The real sentence comes from the sentencing guidelines grid published by Oregon’s Criminal Justice Commission. The grid cross-references crime seriousness against criminal history to produce a presumptive range the judge is expected to follow.³ Shaded blocks mean presumptive prison. Unshaded blocks mean presumptive probation.

Aggravated theft in the first degree defaults to crime category 5 on Oregon’s 1-to-11 seriousness scale. When the economic loss exceeds $50,000, the ranking jumps to a higher category, pushing the presumptive sentence upward.⁴ The dollar amount does more than drive restitution. It can move a case from probation to prison.

Criminal history is sorted into categories A through I. Category I covers defendants with little or no record. Category A is reserved for defendants with three or more person-felony convictions. For a case ranked at crime category 6 — losses over $50,000 — the presumptive sentences line up like this:

Category A: 25 to 30 months in prison
Category B: 19 to 24 months in prison
Category C: 15 to 18 months in prison
Category D: 13 to 14 months in prison
Category E: 10 to 12 months in prison
Categories F through I: presumptive probation, with up to 180 days of local custody as a sanction³

At the default crime category 5 ranking, for losses between $10,000 and $50,000, the ranges are shorter and more grid blocks fall into probation territory. A first-time offender convicted of stealing $20,000 sits squarely in presumptive-probation ground. A defendant with two prior felonies who stole $80,000 is looking at a year or more behind bars.

When Judges Go Above or Below the Range

The presumptive sentence is a default, not a guarantee. A judge can impose a departure sentence when the facts justify it. A durational departure from a presumptive prison term cannot exceed double the top of the presumptive range, and the total sentence can never exceed the ten-year statutory maximum.⁵

The move that catches defendants off guard is a dispositional departure, where the judge switches a probation sentence to prison. For presumptive-probation blocks at crime category 6, the maximum upward dispositional departure is 18 months.³ Even when the grid points to probation, aggravating facts can send someone to prison for up to a year and a half.

Downward departures also happen. Cooperation with investigators, strong community ties, or an early acceptance of responsibility can produce a sentence below the presumptive range. The judge must put reasons on the record, and the result still has to fit the crime and the history.

Fines, Restitution, and What Gets Added On

The fine for a Class B felony tops out at $250,000. If the defendant profited from the crime, the court can skip that cap and impose a fine up to double the defendant’s gain, with any property already returned to the victim or seized by authorities subtracted from the calculation.⁶ In a $200,000 embezzlement where the money is gone, that pencils out to a potential $400,000 fine.

Restitution is separate from any fine and is mandatory, not discretionary. The court must enter judgment for the full amount of the victim’s economic damages, which are presumed reasonable when backed by records, bills, estimates, or invoices from a business, healthcare provider, or public body.⁷ A supplemental judgment can follow later if the full extent of the loss wasn’t known at sentencing. Restitution outlasts the prison or probation term, and nonpayment can extend supervision.

If the sentence is probation, Oregon law attaches a standard set of conditions automatically: paying fines and restitution, reporting to a probation officer, staying in Oregon without written permission to leave, submitting to drug or alcohol testing where substance abuse is in the picture, consenting to searches when the officer has reasonable grounds, and no weapons or firearms.⁸ Violating any of them can revoke probation and send the defendant to prison for up to the statutory maximum.

Firearm Ban

The conviction triggers firearm prohibitions at both the state and federal level. Federal law permanently bars anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition.⁹ A Class B felony conviction clears that threshold every time.

Oregon’s own ban applies to any felony conviction from Oregon or elsewhere, and violating it is a separate Class C felony. Oregon offers a narrow path back: if the aggravated theft conviction is your only felony, it didn’t involve homicide or a firearm, and you’ve been discharged from imprisonment, parole, or probation for 15 years, the state prohibition lifts.¹⁰ The federal ban remains in place regardless.

Clearing the Record Later

A Class B felony conviction for aggravated theft can be set aside — Oregon’s version of expungement — seven years after the date of conviction or release from imprisonment, whichever is later. The defendant must have no other convictions during that seven-year window (traffic violations aside) and no pending criminal charges at the time of filing. The court will grant the motion unless it finds, by clear and convincing evidence, that the person’s circumstances and behavior since the conviction create a risk to public safety.¹¹

One limitation matters. Convictions classified as “person felonies” under Criminal Justice Commission rules are not eligible for set-aside. Aggravated theft is a property crime and should qualify, but certain fact patterns involving vulnerable victims can shift the classification, so confirm eligibility with an attorney before filing. If granted, the record is sealed and most collateral consequences fall away, though the conviction can still factor into sentencing if the person is later convicted of another crime.

1
Oregon State Legislature. Oregon Code 164.057 – Aggravated Theft in the First Degree
2
Oregon State Legislature. Oregon Code 161.605 – Maximum Terms of Imprisonment for Felonies
3
Oregon Criminal Justice Commission. Oregon Sentencing Guidelines Grid
4
Oregon Secretary of State. OAR Chapter 213 Division 17 – Crime Seriousness Scale
5
Oregon Public Law. OAR 213-008-0003 – Duration of Departures
6
Oregon State Legislature. Oregon Revised Statutes 161.625 – Fines for Felonies
7
Oregon Public Law. Oregon Code 137.106 – Restitution to Victims
8
Oregon Public Law. Oregon Code 137.540 – Conditions of Probation
9
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
10
Oregon Public Law. Oregon Code 166.270 – Possession of Weapons by Certain Felons
11
Oregon Public Law. Oregon Code 137.225 – Order Setting Aside Conviction or Record