Armed Robbery Defense in Oregon
In Oregon, armed robbery is classified as Robbery in the First Degree (Robbery I) or Robbery in the Second Degree (Robbery II). Robbery I is the more serious of the two and requires the government to prove that the defendant was either: armed with a deadly weapon; used or attempted to use a dangerous weapon or; caused or attempted to cause serious physical injury to anyone during the commission of the robbery. Robbery I is a class A felony and Robbery II is a class B felony.
Both Robbery I and Robbery II are Ballot Measure 11 offenses. If convicted of Robbery I, a defendant faces a mandatory minimum prison sentence of 90 months. Robbery II carries a mandatory minimum prison sentence of 70 months (although there is a limited escape clause which may apply in certain cases.) Moreover, one act of Robbery can involve multiple victims, and Oregon law provides that there can be as many counts (and sentences) for Robbery as there are "victims." For example, one tavern hold up can give rise to multiple counts of Robbery I or II.
Because the stakes are high, it is important to have an experienced criminal defense lawyer to advocate for you during the legal process.
At Raivio, Kohlmetz & Steen, P.C., our lawyers have more than 70 years of combined legal experience. We know how to explore all the physical evidence against you to ensure that it was collected legally and to identify other weaknesses in the prosecution's case. At a minimum, we seek to have the charges reduced to a lower level such as "Attempted Robbery" or Robbery in the Third Degree (Robbery III), so the judge is not bound by Measure 11's mandatory minimum prison sentences. In Robbery II cases we explore all potential avenues to satisfy the escape clause that allows a Judge to impose a sentence below the Measure 11 minimum in certain cases.
In some exceptional Robbery II cases judges have the option of disregarding Measure 11 sentencing rules when the defendant has no prior conviction for a listed offense. Exempting the defendant from Measure 11 rules also requires that the victim did suffer a significant physical injury and that if the defendant represented he or she was armed that such representation did not reasonably place the victim in fear of imminent significant physical injury. Our attorneys understand the distinctions in the law that could protect a client and have in-depth knowledge of sentencing laws that could apply.
Other issues arise in armed robbery cases. For example, Measure 11 requires a juvenile charged with armed robbery to be tried and sentenced as an adult. Additionally, armed robbery cases sometimes have federal components, shifting the matter to federal court. If the robbery was against a federally insured institution such as a bank, or if firearms were possessed or used in the commission of the offense, it can become a more serious federal case.
Charged With Armed Robbery With a Deadly Weapon?
Our law firm is committed to providing the highest-quality defense at reasonable rates and is dedicated to protecting our clients' rights. We offer a free initial consultation. Call an experienced Portland armed robbery attorney toll free at 1-888-311-2016 or send us an e-mail.
