Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 161.585

Classification of certain crimes determined by punishment

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      161.585 Classification of certain crimes determined by punishment. (1) When a crime punishable as a felony is also punishable by imprisonment for a maximum term of one year or by a fine, the crime shall be classed as a misdemeanor if the court imposes a punishment other than imprisonment under ORS 137.124 (1).

      (2) Notwithstanding the provisions of ORS 161.525, upon conviction of a crime punishable as described in subsection (1) of this section, the crime is a felony for all purposes until one of the following events occurs, after which occurrence the crime is a misdemeanor for all purposes:

      (a) Without imposing a sentence of probation, the court imposes a sentence of imprisonment other than to the legal and physical custody of the Department of Corrections.

      (b) Without imposing a sentence of probation, the court imposes a fine.

      (c) Upon revocation of probation, the court imposes a sentence of imprisonment other than to the legal and physical custody of the Department of Corrections.

      (d) Upon revocation of probation, the court imposes a fine.

      (e) The court declares the offense to be a misdemeanor, either at the time of imposing a sentence of probation, upon suspension of imposition of a part of a sentence, or on application of defendant or the parole and probation officer of the defendant thereafter.

      (f) The court imposes a sentence of probation on the defendant without imposition of any other sentence upon conviction and defendant is thereafter discharged without any other sentence.

      (g) Without imposing a sentence of probation and without imposing any other sentence, the court declares the offense to be a misdemeanor and discharges the defendant.

      (3) The provisions of this section shall apply only to persons convicted of a felony committed prior to November 1, 1989. [1971 c.743 §73; 1987 c.320 §85; 1989 c.790 §52; 1993 c.14 §18; 2005 c.264 §15]

 

DISPOSITION OF OFFENDERS

Notes of Decisions
Cited in 21 cases (4 in the last 5 years), 1976–2025 · leading case: State v. Stark
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State v. Stark (2013) or · cites it 6× “3 Two of those statutes are particularly relevant — ORS 161.585 (1987) 4 and ORS 161.705 *9 (1987).”
State v. Lane (2015) or · cites it 2× “) Similarly, ORS 161.585 provides that certain crimes will be treated as felonies unless and until certain events occur, in which case those crimes will thereafter be treated as misdemeanors.”
State v. Moyle (1985) or · cites it 2× “015(7) as follows: "`Serious physical injury' means physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.”
State Ex Rel. Redden v. Davis (1980) or · cites it 4× “525 provided: "Except as provided in ORS 161.585 and 161.705, a crime is a felony if it is so designated in any statute of this state or if a person convicted under a statute of this state may be sentenced to a maximum term of imprisonment of more than one year.”
State v. Rice (1992) orctapp · cites it 2× “525 provides: "Except as provided in ORS 161.585 and 161.705, a crime is a felony if it is so designated in any statute of this state or if a person convicted under a statute of this state may be sentenced to a maximum term of imprisonment of more than one year.”
State v. Logston (2025) or “712(5) (stating that, if a person subject to a mandatory minimum sentence is placed on probation under that statute and then violates probation by committing a new crime, the court “shall revoke the probation and impose the presumptive sentence of imprisonment” under the rules…”
In Re Complaint as to the Conduct of Carstens (1984) or “We think that the Bar also intended to cite ORS 161.585 which in effect provides that when the trial court grants probation and declares the offense to be a misdmeanor, that “the crime is a misdemeanor for all purposes.”
Koennecke v. Lampert (2005) orctapp · cites it 9× “At the time, ORS 161.585(1) (1985) provided that, “[w]hen a crime punishable as a felony is also punishable by imprisonment for a maximum term of one year or by a fine, the crime shall be classed as a misdemeanor if the court imposes a punishment other than imprisonment under…”
Mohiadeen v. Washington County Sheriff's Office (2025) orctapp · cites it 3× “525 (“Except as provided in ORS 161.585, 161.705 and 161.710, a crime is a felony if it is so designated in any statute of this state or if a person convicted under a statute of this state may be sentenced to a maximum term of imprisonment of more than one year.”
State v. Pritchard (1977) orctapp · cites it 4× “Defendant urges, as the court below held, that by virtue of ORS 161.585, his felony conviction was converted to a misdemeanor by his discharge from probation.”
State v. Gwyther (1982) orctapp “Defendant’s term of probation was terminated, although the costs had not been paid, and the offense declared a misdemeanor, ORS 161.585(2), on April 5, 1973. Defendant was declared bankrupt on September 27, 1973.”
Mohiadeen v. Washington County Sheriff's Office (2025) orctapp · cites it 3× “525 (“Except as provided in ORS 161.585, 161.705 and 161.710, a crime is a felony if it is so designated in any statute of this state or if a person convicted under a statute of this state may be sentenced to a maximum term of imprisonment of more than one year.”
Show all 21 citing cases →
— Or. Rev. Stat. § 161.585(1) — 5 cases
State Ex Rel. Redden v. Davis (1980) or “525 provided: "Except as provided in ORS 161.585 and 161.705, a crime is a felony if it is so designated in any statute of this state or if a person convicted under a statute of this state may be sentenced to a maximum term of imprisonment of more than one year.”
Mohiadeen v. Washington County Sheriff's Office (2025) orctapp “525 (“Except as provided in ORS 161.585, 161.705 and 161.710, a crime is a felony if it is so designated in any statute of this state or if a person convicted under a statute of this state may be sentenced to a maximum term of imprisonment of more than one year.”
State v. Greer (1976) orctapp
Koennecke v. Lampert (2005) orctapp “At the time, ORS 161.585(1) (1985) provided that, “[w]hen a crime punishable as a felony is also punishable by imprisonment for a maximum term of one year or by a fine, the crime shall be classed as a misdemeanor if the court imposes a punishment other than imprisonment under…”
Mohiadeen v. Washington County Sheriff's Office (2025) orctapp “525 (“Except as provided in ORS 161.585, 161.705 and 161.710, a crime is a felony if it is so designated in any statute of this state or if a person convicted under a statute of this state may be sentenced to a maximum term of imprisonment of more than one year.”
— Or. Rev. Stat. § 161.585(2) — 6 cases
Koennecke v. Lampert (2005) orctapp “At the time, ORS 161.585(1) (1985) provided that, “[w]hen a crime punishable as a felony is also punishable by imprisonment for a maximum term of one year or by a fine, the crime shall be classed as a misdemeanor if the court imposes a punishment other than imprisonment under…”
State Ex Rel. Redden v. Davis (1980) or “525 provided: "Except as provided in ORS 161.585 and 161.705, a crime is a felony if it is so designated in any statute of this state or if a person convicted under a statute of this state may be sentenced to a maximum term of imprisonment of more than one year.”
State v. Gwyther (1982) orctapp “Defendant’s term of probation was terminated, although the costs had not been paid, and the offense declared a misdemeanor, ORS 161.585(2), on April 5, 1973. Defendant was declared bankrupt on September 27, 1973.”
Mohiadeen v. Washington County Sheriff's Office (2025) orctapp “525 (“Except as provided in ORS 161.585, 161.705 and 161.710, a crime is a felony if it is so designated in any statute of this state or if a person convicted under a statute of this state may be sentenced to a maximum term of imprisonment of more than one year.”
Mohiadeen v. Washington County Sheriff's Office (2025) orctapp “525 (“Except as provided in ORS 161.585, 161.705 and 161.710, a crime is a felony if it is so designated in any statute of this state or if a person convicted under a statute of this state may be sentenced to a maximum term of imprisonment of more than one year.”
— Or. Rev. Stat. § 161.585(2)(b) — 1 case
Koennecke v. Lampert (2005) orctapp “At the time, ORS 161.585(1) (1985) provided that, “[w]hen a crime punishable as a felony is also punishable by imprisonment for a maximum term of one year or by a fine, the crime shall be classed as a misdemeanor if the court imposes a punishment other than imprisonment under…”
— Or. Rev. Stat. § 161.585(2)(c) — 3 cases
State v. Lane (2015) or “) Similarly, ORS 161.585 provides that certain crimes will be treated as felonies unless and until certain events occur, in which case those crimes will thereafter be treated as misdemeanors.”
State v. Logston (2025) or “712(5) (stating that, if a person subject to a mandatory minimum sentence is placed on probation under that statute and then violates probation by committing a new crime, the court “shall revoke the probation and impose the presumptive sentence of imprisonment” under the rules…”
State v. Logston (2025) or
— Or. Rev. Stat. § 161.585(2)(e) — 1 case
State v. Stark (2013) or “3 Two of those statutes are particularly relevant — ORS 161.585 (1987) 4 and ORS 161.705 *9 (1987).”
— Or. Rev. Stat. § 161.585(2)(f) — 1 case
State v. Adams (1992) orctapp
— Or. Rev. Stat. § 161.585(3) — 1 case
State v. Adams (1992) orctapp
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