This means that a person convicted of a Measure 11 crime will spend a minimum of 5 years, 10 months in prison before release is a possibility. No good time, no work crew, no programs, nothing. Just straight prison time.

There is a sliver of a chance for selected Measure 11 crimes to serve less than the mandatory minimum. This is otherwise known as the “Safety Valve” of Measure 11, and it provides that when certain conditions (see below) are met, a person can be sentenced according to their regular sentencing grid-block rather than the harsh Measure 11 minimum prison term. Consulting with a knowledgeable, aggressive criminal defense attorney will benefit you enormously in understanding the intricacies of Measure 11 and how it might impact your situation. Give us a call today to arrange for a consultation to discuss your unique situation.

The crimes that are currently listed as Measure 11 crimes are:

Some of these crimes may qualify for the “Safety Valve” treatment, which means that the judge may, at the time of sentencing, reduce the matter from the mandatory minimum to the regular sentencing guidelines gridblock. To qualify, the judge must declare on the record at the time of sentencing that

1) there are substantial and compelling reasons to reduce the matter;
2) a sentence of probation will be more effective than a prison term in reducing the risk of offender recidivism; and
3) a sentence of probation will better serve to protect society.

Additionally, the statute—ORS 137.712(2)(a through f)—lays out other findings which the judge must make on the record for each of the “Safety Valve” crimes.

The crimes which qualify for this special treatment are

Assault in the Second Degreee
Kidnapping in the Second Degree
Manslaughter in the Second Degree
Rape in the Second Degree
Robbery in the Second Degree
Sexual Abuse in the First Degree
Sexual Penetration in the Second Degree
Sodomy in the Second Degree

It goes without saying that if you are facing any one of the crimes listed above, you need the assistance of a knowledgeable, aggressive criminal defense lawyer. It is very important that you give us a call here at The CAPETTI GROUP Law Offices right away to schedule an appointment for us to discuss your matter. The knowledge and information you get from that meeting will prove to be invaluable to you as you work your way through the criminal justice system. We are confident that at the end of your matter, not only will you see that our analysis of your situation was correct, but the advice given put you in a better position than you would have been in without it. Give us a call today.