Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 161.705

Reduction of certain felonies to misdemeanors

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      161.705 Reduction of certain felonies to misdemeanors. (1) Notwithstanding ORS 161.525, the court may enter judgment of conviction for a Class A misdemeanor and make disposition accordingly when:

      (a)(A) A person is convicted of any Class C felony; or

      (B) A person convicted of a Class C felony, of possession or delivery of marijuana or a marijuana item as defined in ORS 475C.009 constituting a Class B felony, of possession of a controlled substance constituting a Class B felony or of a Class A felony pursuant to ORS 166.720, has successfully completed a sentence of probation; and

      (b) The court, considering the nature and circumstances of the crime and the history and character of the defendant, believes that a felony conviction would be unduly harsh.

      (2) The entry of judgment of conviction for a Class A misdemeanor under this section may be made:

      (a) At the time of conviction, for offenses described in subsection (1)(a)(A) of this section; or

      (b) At any time after the sentence of probation has been completed, for offenses described in subsection (1)(a)(B) of this section. [1971 c.743 §83; 1977 c.745 §31; 1979 c.124 §1; 1981 c.769 §8; 2005 c.708 §48; 2009 c.610 §2; 2013 c.591 §5; 2015 c.290 §2; 2015 c.614 §125; 2017 c.21 §100; 2018 c.120 §11]

Notes of Decisions
Cited in 41 cases (9 in the last 5 years), 1974–2025 · leading case: State v. Stark
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State v. Stark (2013) or · cites it 11× “585 (1987) 4 and ORS 161.705 *9 (1987). 5 Under both of those statutes, certain crimes that otherwise would be classified as felonies could, under described circumstances, be classified as misdemeanors.”
State v. Rodarte (2001) orctapp · cites it 12× “The problem in this case arises, however, because the trial court in this circumstance could and did opt to treat defendant’s felony conviction as a misdemeanor pursuant to ORS 161.705. Under that statute, for persons “convicted” of a Class C felony, a trial court has discretion…”
Megdal v. Oregon State Board of Dental Examiners (1980) or · cites it 2× “"(n) Habitual or excessive use of intoxicants or a controlled substance as defined under ORS 161.705, 167.203 to 167.247, 181.010, 430.”
Wells v. State (1984) alaskactapp · cites it 3× “See ORS 161.705. Judge Moore ruled that the Oregon conviction would be considered a prior felony conviction under AS 12.”
In Re Complaint as to the Conduct of Kimmell (2001) or · cites it 2× “Because this disciplinary action is not based on the accused’s conviction, but rather on the accused’s conduct, former ORS 161.”
State v. Aguilera (2023) orctapp · cites it 10× “703, the legislature’s intent was as follows: With the exception of the crimes and circumstances explicitly listed in paragraphs (1)(a) to (1)(d) of that statute, if a charged felony or misdemeanor—including a Class C felony reducible to a misdemeanor under ORS 161.705—is…”
State v. Smith (1984) or · cites it 5× “ORS 161.705(1) provided: “Notwithstanding ORS 161.”
In Re Complaint as to the Conduct of Sonderen (1987) or · cites it 6× “See ORS 161.705. 2 *132 On September 23, 1985, the Oregon State Bar executed a formal complaint alleging that the accused had been convicted of a felony and, therefore, was subject to discipline under ORS 9.”
In Re Allen (1997) or · cites it 3× “However, pursuant to ORS 161.705, the court reduced the felony conviction to a Class A misdemeanor and, on November 1, 1995, entered an amended judgment to that effect.”
In Re Complaint as to the Conduct of Carstens (1984) or · cites it 2× “” The trial court merged the forgery conviction with the theft conviction and entered a sentence on the theft conviction only, declaring it to be a Class A Misdemeanor by virtue of ORS 161.705. The accused was sentenced to five months in jail.”
State v. Douthitt (1978) orctapp · cites it 2× “[ORS 161.705]" Oregon Criminal Code of 1971, Commentary at 177 (1975 ed).”
State v. Jordan (2021) orctapp “055(1) (allowing a “peace officer” to deliver “a criminal citation to a person if the peace officer has probable cause to believe that the person has committed a misdemeanor or has com- mitted any felony that is subject to misdemeanor treatment under ORS 161.705,” and that the…”
Show all 41 citing cases →
— Or. Rev. Stat. § 161.705(1) — 9 cases
State v. Rodarte (2001) orctapp “The problem in this case arises, however, because the trial court in this circumstance could and did opt to treat defendant’s felony conviction as a misdemeanor pursuant to ORS 161.705. Under that statute, for persons “convicted” of a Class C felony, a trial court has discretion…”
In Re Allen (1997) or “However, pursuant to ORS 161.705, the court reduced the felony conviction to a Class A misdemeanor and, on November 1, 1995, entered an amended judgment to that effect.”
In Re Complaint as to the Conduct of Sonderen (1987) or “See ORS 161.705. 2 *132 On September 23, 1985, the Oregon State Bar executed a formal complaint alleging that the accused had been convicted of a felony and, therefore, was subject to discipline under ORS 9.”
State v. Smith (1984) or “ORS 161.705(1) provided: “Notwithstanding ORS 161.”
Koennecke v. Lampert (2005) orctapp
— Or. Rev. Stat. § 161.705(1)(a) — 1 case
State v. Smith (1984) or “ORS 161.705(1) provided: “Notwithstanding ORS 161.”
— Or. Rev. Stat. § 161.705(1)(a)(A) — 1 case
State v. Aguilera (2023) orctapp “703, the legislature’s intent was as follows: With the exception of the crimes and circumstances explicitly listed in paragraphs (1)(a) to (1)(d) of that statute, if a charged felony or misdemeanor—including a Class C felony reducible to a misdemeanor under ORS 161.705—is…”
— Or. Rev. Stat. § 161.705(d) — 1 case
State v. Stark (2013) or “585 (1987) 4 and ORS 161.705 *9 (1987). 5 Under both of those statutes, certain crimes that otherwise would be classified as felonies could, under described circumstances, be classified as misdemeanors.”
— Or. Rev. Stat. § 161.705(l)(a) — 3 cases
State v. Smith (1984) or “ORS 161.705(1) provided: “Notwithstanding ORS 161.”
State v. Kenny (2014) orctapp
State v. Smith (1984) orctapp
— Or. Rev. Stat. § 161.705(l)(d) — 1 case
State v. Stark (2013) or “585 (1987) 4 and ORS 161.705 *9 (1987). 5 Under both of those statutes, certain crimes that otherwise would be classified as felonies could, under described circumstances, be classified as misdemeanors.”
— Or. Rev. Stat. § 161.705(l)(e) — 2 cases
State v. Stark (2013) or “585 (1987) 4 and ORS 161.705 *9 (1987). 5 Under both of those statutes, certain crimes that otherwise would be classified as felonies could, under described circumstances, be classified as misdemeanors.”
State v. Johnson (2006) orctapp
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