Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 161.615

Maximum terms of imprisonment for misdemeanors

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      161.615 Maximum terms of imprisonment for misdemeanors. Sentences for misdemeanors shall be for a definite term. The court shall fix the term of imprisonment within the following maximum limitations:

      (1) For a Class A misdemeanor, 364 days.

      (2) For a Class B misdemeanor, 6 months.

      (3) For a Class C misdemeanor, 30 days.

      (4) For an unclassified misdemeanor, as provided in the statute defining the crime. [1971 c.743 §75; 2017 c.706 §22]

Notes of Decisions
Cited in 82 cases (8 in the last 5 years), 1972–2025 · leading case: State v. Rodriguez/Buck
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State v. Rodriguez/Buck (2009) or · cites it 2× “415 (1971) (defining second-degree sexual abuse and classifying crime as Class A misdemeanor); former ORS 161.615(1) (1971) (setting maximum penalty for Class A misdemeanor of one year in jail).”
City of Portland v. Dollarhide (1986) or · cites it 3× “010(5)(d)) and a maximum sentence of one year imprisonment and a $2,500 fine (ORS 161.615, 161.635). The City argues that its mandatory minimum penalty scheme is not significantly different from the *503 state law penalty, because the mandatory minimum penalties are within the…”
State v. Cloutier (2011) or “ORS 161.615. Administrative rules implementing the current sentencing guidelines similarly set presumptive sentences, but expressly provide that sentences may not “exceed the statutory maximum indeterminate sentence.”
State v. James Denelsbeck(075170) (2016) nj · cites it 2× “010 (4), punishable by up to a year in prison, Or. Rev. Stat. § 161.615 (1). 35 13. Rhode Island authorizes up to a year in prison for a first offense.”
State v. Ciraulo (2020) or “043(2); ORS 161.615(3). Neither party has addressed whether third-degree theft is a petty offense or whether any constitutional provision requires a jury verdict finding the defendant guilty of a petty offense to be unanimous.”
State v. Harris (1980) or · cites it 2× “560(5)), with a maximum term of imprisonment of one year (ORS 161.615(1)), and a maximum fine of $1,000 (ORS 161.”
United States v. Struckman (2010) ca9 “, carrying with it a maximum of 30 days imprisonment, Or. Rev.Stat. § 161.615. And, while we recognize that “the exigency analysis must turn on ‘the gravity of the underlying offense,’ .”
MacCrone v. Edwards Center, Inc. (1999) orctapp · cites it 4× “Menacing, a Class A misdemeanor, is currently punishable by imprisonment up to a maximum of one year, ORS 161.615(1), and a maximum fine of $5,000, ORS 161.”
State v. Rogers (2000) or “120 (court shall impose sentence on persons convicted of felonies); ORS 161.615 (court shall fix the term of imprisonment for misdemeanors); ORS 161.”
City of Salem v. Bruner (1985) or · cites it 2× “555 "(b) All acts which are made unlawful by the above mentioned sections of Oregon Revised Statutes shall be considered as offenses against the city when committed within its boundaries and the penalty for such offenses shall be as provided in ORS 161.615(1) and 161.635(1)(a).…”
State v. Davidson (2016) or “Defendant emphasized that public indecency historically has been a misdemeanor offense under Oregon law, see ORS 161.615(1) (maximum term of imprisonment for highest-level misdemeanor offense is one year), and he urged that the penalties imposed in this case were…”
State v. Wright (1983) orctapp · cites it 4× “803, § 26), which provided that DUII "shall be prosecuted and punishable as a Class A misdemeanor" if the defendant had a prior conviction.”
Show all 82 citing cases →
— Or. Rev. Stat. § 161.615(1) — 34 cases
State v. Rodriguez/Buck (2009) or “415 (1971) (defining second-degree sexual abuse and classifying crime as Class A misdemeanor); former ORS 161.615(1) (1971) (setting maximum penalty for Class A misdemeanor of one year in jail).”
State v. Harris (1980) or “560(5)), with a maximum term of imprisonment of one year (ORS 161.615(1)), and a maximum fine of $1,000 (ORS 161.”
City of Salem v. Bruner (1985) or “555 "(b) All acts which are made unlawful by the above mentioned sections of Oregon Revised Statutes shall be considered as offenses against the city when committed within its boundaries and the penalty for such offenses shall be as provided in ORS 161.615(1) and 161.635(1)(a).…”
State v. Davidson (2016) or “Defendant emphasized that public indecency historically has been a misdemeanor offense under Oregon law, see ORS 161.615(1) (maximum term of imprisonment for highest-level misdemeanor offense is one year), and he urged that the penalties imposed in this case were…”
State v. Wright (1983) orctapp “803, § 26), which provided that DUII "shall be prosecuted and punishable as a Class A misdemeanor" if the defendant had a prior conviction.”
— Or. Rev. Stat. § 161.615(2) — 4 cases
Oil Re-Refining Co. v. Environmental Quality Commission (2017) or
MacCrone v. Edwards Center, Inc. (1999) orctapp “Menacing, a Class A misdemeanor, is currently punishable by imprisonment up to a maximum of one year, ORS 161.615(1), and a maximum fine of $5,000, ORS 161.”
State v. Heine (2021) orctapp
State v. Vernor (2021) orctapp
— Or. Rev. Stat. § 161.615(3) — 4 cases
State v. Ciraulo (2020) or “043(2); ORS 161.615(3). Neither party has addressed whether third-degree theft is a petty offense or whether any constitutional provision requires a jury verdict finding the defendant guilty of a petty offense to be unanimous.”
State v. Azar (2022) orctapp
State v. Schoen (2009) orctapp
Alvarez v. University of Oregon (2020) ord
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