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Measure 11 and Major Felony Crime

Approved by Oregon voters in November 1994, a Measure 11 conviction applies a mandatory minimum prison sentences to a list of crimes the state of Oregon has concluded are the most serious. If convicted, the Court is legally obligated to impose the associated minimum sentence dictated by Ballot Measure 11. For example, with an Assault 1 charge the Court will impose a sentence of 90 months in prison. If you find yourself being questioned by police it is absolutely imperative that you not wait to be charged with a Measure 11 crime before retaining legal counsel. As soon as you learn you are under investigation remember to remain silent and contact Oregon Measure 11 lawyer Rhett Bernstein immediately.

Our experienced team of legal experts begins preparations for trial immediately, putting our clients in the best possible position for a positive outcome. We employ former prosecutors, former law enforcement officers, and former forensic experts. Rhett Bernstein defends clients throughout the state of Oregon; including Multnomah, Clackamas, and Washington counties, in the following cities:

Clackamas County Multnomah County Washington County
Boring Gresham Banks
Canby Maywood Park Beaverton
Clackamas Portland Bull Mountain
Damascus Troutdale Cornelius
Estacada Wood Village Durham
Gladstone   Forest Grove
Happy Valley   Gaston
Lake Oswego   Hillsboro
Milwaukie   King City
Molalla   Laurelwood
Oregon City   North Plains
Sandy   Sherwood
Tualatin   Tigard
West Linn   Tualatin
    Wilsonville

We understand that a Measure 11 charge is amongst the most serious of threats you can face in your lifetime. Just being charged with certain Ballot Measure 11 charges, such as Sex Abuse 1, carries an enormous impact on a person’s reputation and livelihood. Ballot Measure 11 requires the Court to impose an extremely high bail amount before a trial is ever scheduled. It is therefore imperative that you surround yourself with the very best possible legal-defense team from the very beginning of the criminal investigation.

We understand the need to tackle the investigation prior to the submission of the case to the associated District Attorney’s Office. We understand the need to coordinate the client’s release from custody to allow the client to maintain employment and family obligations. We understand the role that social media plays in these cases and the importance of the accuser’s history of prior accusations. We understand the fear and stress associated with facing Ballot Measure 11 and Jessica’s Law charges. We understand the need for strong legal representation and clear advice throughout the process. We understand how to approach these cases from beginning to end, no matter the jurisdiction.

The list of attorneys who have faced these charges successfully is small. Our place on that list is earned through years of experience, and only that experience can forge the level of competence we bring to the table. The risks are simply too extremely dire to not surround yourself with the best possible defense. We offer you no less than what you need.

Did You Know?

  • Under Ballot Measure 11, if you or a person you know is convicted of one of the offenses listed below the court will impose and the convicted person will serve at least the entire incarceration term listed.
  • If you are convicted of a Measure 11 offense you will not be eligible for any form of temporary leave from custody.
  • Under Ballot Measure 11, you will not eligible for any reduction in the minimum sentence for any reason whatsoever.
  • The court can impose an even greater sentence if otherwise permitted by law, but may not impose a lower sentence than the mandatory minimum sentences that are listed below.

Mandatory Minimum Sentence

Rhett Bernstein defends clients against any felony charges in circuit court, including the following Measure 11 offenses which all carry mandatory minimum sentences:

Crime Minimum Sentence
ORS 161.405 - Attempted Murder 7 years, 6 months
ORS 163.095 - Attempted Aggravated Murder 10 years
ORS 163.115 - Murder 25 years
ORS 163.118 - Manslaughter I 10 years
ORS 163.125 - Manslaughter II 6 years, 3 months
ORS 163.175 - Assault II 5 years, 10 months
ORS 163.185 - Assault I 7 years, 6 months
ORS 163.225 - Kidnapping II 5 years, 10 months
ORS 163.235 - Kidnapping I 7 years, 6 months
ORS 163.365 - Rape II 6 years, 3 months
ORS 163.375 - Rape I 8 years, 4 months
ORS 163.395 - Sodomy II 6 years, 3 months
ORS 163.405 - Sodomy I 8 years, 4 months
ORS 163.411 - Unlawful Sexual Penetration II 6 years, 3 months
ORS 163.412 - Unlawful Sexual Penetration I 8 years, 4 months
ORS 163.427 - Sexual Abuse I 6 years, 3 months
ORS 163.670 - Using a Child in a Display of Sexually Explicit Conduct 5 years, 10 months
ORS 164.325 - Arson I 7 years, 6 months
ORS 164.405 - Robbery II 5 years, 10 months
ORS 164.415 - Robbery I 7 years, 6 months
ORS 167.017 - Compelling Prostitution 5 years, 10 months

Major Felony and Measure 11 Criminal Defense

Measure 11 defense lawyer Rhett Bernstein has defended against measure 11 charges for over a decade and understands the serious nature of these crimes. The law office of Rhett Bernstein works with former law-enforcement officers turned investigators, psychologists, forensic experts, and many other experts with the knowledge necessary to provide you with the best criminal defense available.

With years of experience, not only as a criminal defense attorney but also as a prosecutor and judge, Measure 11 attorney Rhett Bernstein is well versed in the tactics and strategies employed by law enforcement and the prosecutor’s office. Mr. Bernstein understands the extremely important role witness testimony, witness background, and social media can take in a Measure 11 case. Measure 11 attorney Rhett Bernstein will work tirelessly on your behalf to build the strongest possible defense to win the best possible outcome.

If you were recently arrested in Oregon for a Measure 11 or major Felony crime, please contact criminal lawyer Rhett Bernstein for a free, no-obligation case analysis. Our experts will listen to your entire situation including what happened leading up to, during and after your arrest. We will give you our professional advice as to the likely outcome of your case.


Legal Disclaimer: Nothing on this site shall be taken as legal advice. For advice on a legal matter, contact attorney Rhett Bernstein immediately for a free, confidential, no obligation consultation.

Criminal Defense attorney Rhett Bernstein is available to practice criminal law anywhere throughout the state of Oregon, including: Clackamas, Multnomah, and Washington counties; as well as most municipal courts throughout the Portland Metro area.