Misdemeanor Defense

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Misdemeanor Defense Attorney

The Criminal Defense law firm of Rhett Bernstein employs former prosecutors, former law enforcement officers, and former forensic experts. Rhett Bernstein defends clients throughout the state of Oregon, including Multnomah County, Clackamas County, Washington County, and all Portland-area municipal courts in the following counties and cities:

Misdemeanor Defense – Everything You Need to Know

Oregon Misdemeanors are criminal offenses for which the maximum penalty is incarceration of a maximum of 365 days in jail. By comparison, an Oregon Felony is a criminal offense where the maximum penalty is over 365 days in jail. Misdemeanors fall into four classes and each classification carries a different maximum potential penalty.

If you are facing a misdemeanor charge in Oregon, you are facing the prospect of a criminal conviction on your record for at least 3 years. If you have a prior criminal conviction, your record could be affected by a new misdemeanor for 10 years. Some misdemeanors, if convicted, will be on your record permanently. Further, a misdemeanor conviction can affect your ability to gain or stay employed and can affect your ability to gain or maintain housing. A criminal conviction is a big deal and attorney Rhett Bernstein can help you. He has represented thousands of good people accused of criminal charges in courts throughout the state of Oregon. He understands the impact a misdemeanor charge will have on your job, your family, your home and your reputation.

If you are facing a misdemeanor criminal charge, such as DUI or Theft or Domestic Violence, it is imperative that you contact attorney Rhett Bernstein immediately to see if he is the right attorney to represent you. If retained early, he may be able to limit the charges you will face and protect your defense at trial.

Misdemeanor Crimes by Class

Class A Misdemeanor Class B Misdemeanor Class C Misdemeanor
ORS 162.075 – False Swearing ORS 162.085 – Unsworn Falsification ORS 163.445 – Sexual Misconduct
ORS 162.145 – Escape III ORS 166.025 – Disorderly Conduct II ORS 164.043 – Theft III
ORS 162.175 – Unauthorized Departure ORS 166.065 – Harassment ORS 164.245 – Criminal Trespass II
ORS 162.195 – Failure to Appear II ORS 166.180 – Negligently Wounding Another ORS 164.345 – Criminal Mischief III
ORS 162.257 – Interfering with a Firefighter or Emergency Medical Services Provider
ORS 162.295 – Tampering with Physical Evidence
ORS 162.315 – Resisting Arrest
ORS 163.160 – Assault IV
ORS 163.190 – Menacing
ORS 163.195 – Reckless Endangerment
ORS 163.415 – Sexual Abuse III
ORS 163.435 – Contributing to the Sexual Delinquency of a Minor
ORS 163.454 – Custodial Sexual Misconduct II
ORS 163.465 – Public Indecency
ORS 163.467 – Private Indecency
ORS 163.545 – Child Neglect II
ORS 163.687 – Encouraging Child Sexual Abuse III
ORS 163.693 – Failure to Report Child Pornography
ORS 164.045 – Theft II
ORS 164.235 – Possession of Burglary Tool or Theft Device
ORS 164.255 – Criminal Trespass I
ORS 164.265 – Criminal Trespass while in Possession of a Firearm
ORS 164.272 – Unlawful Entry into a Motor Vehicle
ORS 164.335 – Reckless Burning
ORS 164.354 – Criminal Mischief II
ORS 166.023 – Disorderly Conduct I
ORS 167.007 – Prostitution
ORS 167.008 – Patronizing a Prostitute
ORS 811.140 – Reckless Driving


Misdemeanor Maximum Sentence
Class A $6,250 fine and/or 1 year in jail
Class B $2,500 fine and/or 6 months in prison
Class C $1,250 fine and/or 30 days in prison

Diversion Programs

In some cases the District Attorney may decide to offer a disposition called diversion.

DUII Diversion

Available for a first time offender convicted of Driving Under the Influence of Intoxicants, or someone who has not had a DUI conviction in the past 10 years.

Deferred Adjudication Program (DAP)

A DAP requires that you file a petition with the court to enter a guilty plea, as well as pay for and complete a correspondence course within a set amount of time. You are legally entitled to have a criminal defense attorney represent you in these proceedings. If you follow and complete all the requirements, the charges will be dismissed and you will not be sentenced.

Deferral of Charge Diversion (DOC)

DOC is a diversion offered to the defendant before formal charges are filed and require that you complete certain obligations similar to the ones laid out for a DAP. In some cases a DOC will include an amount of restitution or other financial obligations.

Hire Misdemeanor Legal Representation

If you are charged with an Oregon misdemeanor you face the possibility of large fines and jail time. If you or a loved one has been accused of or arrested for a misdemeanor criminal charge, contact criminal defense attorney Rhett Bernstein immediately. Only an experienced attorney who has dealt with criminal cases and worked with local prosecutors can give you the right advice for 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.