Good afternoon snobrdnpntball and thank you for your question.
First of all, you referred to his theft crime as a felony, however the
legal definition of the world felony is a serious crime, such as arson
or murder.
Source: WordReference.com
( http://www.wordreference.com/definition/felony )
In Oregon, the juvenile court system was established for persons under
the age of 18. Since the individual you speak of is under 18 years of
age, he is considered a juvenile and should be charged as such.
However, a civil action or lawsuit involving a person under the age of
18 may be brought in adult court. A few examples are cases involving
personal injury, property damage, or custody issues in divorce
proceedings. Additionally, if the juvenile is charged with a serious
offense his or her case may be transferred to adult criminal court.
However, I do not think theft of a few thousand dollars would be
considered a serious crime, especially if he has never been in trouble
before.
According to the Oregon State Bar, a ?dispositional hearing? will take
place once the court finds the juvenile guilty of committing a crime.
(This is similar to a ?sentencing hearing? in adult court.)
A juvenile will have a disposition hearing if he or she has committed
a felony or class A misdemeanor or if they have a history of a series
of less serious offenses misdemeanors. The kind of sentence the
juvenile gets depends upon the seriousness of the crime.
The court may base its decision on interviews with the juvenile and
his or hers parents or guardian. The court may also consider the
background, general behavior, family situation, school record, age,
and prior court history, as well as the seriousness of the crime.
= = = = =
The three most common punishments for juveniles are:
1. Simple Warning -The court may impose a warning without any
supervisory conditions. THIS IS COMMON FOR MISDEMEANOR THEFT CRIMES.
2. Custody - The court may direct the juvenile remain in the legal
custody of his or her parents or a guardian or a person maintaining a
court-approved foster home, or in a childcare or youth care center.
3. Probation ? This is the most common response to delinquency.
Probation may not exceed five years and may not extend beyond your
23rd birthday, whichever occurs first.
Source: Oregon State Bar Association
( http://www.osbar.org/public/pamphlets/youthlaw/juvenile.html )
= = = = =
Oregon Criminal Code also states:
ORS 161.615: Sentences for misdemeanors shall be for a definite term.
The court shall fix the term of imprisonment within the following
maximum limitations:
For a Class A misdemeanor, 1 year.
For a Class B misdemeanor, 6 months.
For a Class C misdemeanor, 30 days.
Source: Josephine County Courts
( http://www.ojd.state.or.us/jos/criminal_department.htm )
= = = = =
"Generally, if the theft is less than a certain dollar amount ($100 to
$300 depending on the State) the crime is a misdemeanor ?Misdemeanors
commonly come in three or four levels for example in Oregon there is a
"Class A", "Class B" and "Class C" misdemeanor. Class A can result in
up to one year in the County Jail. Class B - 6 months and Class C - 30
days. "Shoplifting" is usually a Class C misdemeanor. If the dollar
amount is over the Class C amount ($100 to $300) then it goes to a
Class B misdemeanor. If it is over the Class B amount it goes to the
A misdemeanor level...Generally, only repeat offenders and aggressive
or violent offenders go to jail or prison for stealing small dollar
value items."
Source: Thefttalk.com
( http://www.thefttalk.com/Q_&_A.html )
The sentencing in adult court is similar to that in juvenile court.
You either receive probation or prison, depending on your offense.
If this is the child?s first offense and it was indeed classified as a
misdemeanor, my guess is that he would get away with a warning or
probation. I do not think he will serve any jail time, however, if
the Judge is hardheaded, he can get up to a year in jail for the
misdemeanor.
If this answer requires further explanation, please request
clarification before rating it, and I'll be happy to look into this
further.
Nenna-GA
Google Answers Researcher
Google Search Terms:
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Oregon State Bar Assoicaiton
Oregon Laws and Statutes |
Clarification of Answer by
nenna-ga
on
15 Aug 2005 07:30 PDT
snobrdnpntball: The website, (
http://www.ocjc.state.or.us/SentenceLawSum.htm ) lists the following:
Repeat Property Offenders (RPO) ("Property" crimes primarily consist
of burglary, theft and forgery)
Mandatory Sentence - NO
Criminal History ? YES **
Sentence Type - PRBATION OR PRISION
Sentence Range ? 13 TO 19 MONTHS
Reduction ? UP TO 20%
** Criminal history is used in different ways in establishing
sentences. Sentencing guidelines consider all adult felony convictions
and juvenile felony adjudications, and some Class A misdemeanors. They
also consider crimes sentenced at the same proceeding. The RPO law
uses only adult felony convictions.
= = = = = = = = = = =
ORS 137.17 - MANDATORY MINIMUM SENTENCES AND ADULT PROSECUTION OF
15-, 16- AND 17-YEAR-OLD OFFENDERS
Additional offenses requiring imposition of presumptive sentences.
(1) When a court sentences a person convicted of:
(a) Aggravated theft in the first degree under ORS 164.057 or
burglary in the first degree under ORS 164.225, the presumptive
sentence is 19 months of incarceration, unless the rules of the Oregon
Criminal Justice Commission prescribe a longer presumptive sentence,
if the person has:
(A) A previous conviction for aggravated theft in the first
degree under ORS 164.057, burglary in the first degree under ORS
164.225, robbery in the second degree under ORS 164.405 or robbery in
the first degree under ORS 164.415; or
(B) Four previous convictions for any combination of the
other crimes listed in subsection
(2) of this section.
(b) Theft in the first degree under ORS 164.055, unauthorized use
of a vehicle under ORS 164.135, burglary in the second degree under
ORS 164.215, criminal mischief in the first degree under ORS 164.365,
computer crime under ORS 164.377, forgery in the first degree under
ORS 165.013, identity theft under ORS 165.800, possession of a stolen
vehicle under ORS 819.300 or trafficking in stolen vehicles under ORS
819.310, the presumptive sentence is 13 months of incarceration,
unless the rules of the Oregon Criminal Justice Commission prescribe a
longer presumptive sentence, if the person has:
(A) A previous conviction for aggravated theft in the first
degree under ORS 164.057, unauthorized use of a vehicle under ORS
164.135, burglary in the first degree under ORS 164.225, robbery in
the second degree under ORS 164.405, robbery in the first degree under
ORS 164.415, possession of a stolen vehicle under ORS 819.300 or
trafficking in stolen vehicles under ORS 819.310; or
(B) Four previous convictions for any combination of the
other crimes listed in subsection (2) of this section.
(2) The crimes to which subsection (1) of this section applies are:
(a) Theft in the second degree under ORS 164.045;
(b) Theft in the first degree under ORS 164.055;
(c) Aggravated theft in the first degree under ORS 164.057;
(d) Unauthorized use of a vehicle under ORS 164.135;
(e) Burglary in the second degree under ORS 164.215;
(f) Burglary in the first degree under ORS 164.225;
(g) Criminal mischief in the second degree under ORS 164.354;
(h) Criminal mischief in the first degree under ORS 164.365;
(i) Computer crime under ORS 164.377;
(j) Forgery in the second degree under ORS 165.007;
(k) Forgery in the first degree under ORS 165.013;
(l) Criminal possession of a forged instrument in the second
degree under ORS 165.017;
(m) Criminal possession of a forged instrument in the first
degree under ORS 165.022;
(n) Fraudulent use of a credit card under ORS 165.055;
(o) Identity theft under ORS 165.800;
(p) Possession of a stolen vehicle under ORS 819.300; and
(q) Trafficking in stolen vehicles under ORS 819.310.
(3) The court may impose a sentence other than the sentence provided
by subsection (1) of this section if the court imposes:
(a) A longer term of incarceration that is otherwise required or
authorized by law; or
(b) A departure sentence authorized by the rules of the Oregon
Criminal Justice Commission based upon findings of substantial and
compelling reasons. Unless the law or the rules of the Oregon Criminal
Justice Commission allow for imposition of a longer sentence, the
maximum departure allowed for a person sentenced under this subsection
is double the presumptive sentence provided in subsection (1) of this
section.
(4) As used in this section, "previous conviction" includes:
(a) Convictions occurring before, on or after July 1, 2003; and
(b) Convictions entered in any other state or federal court for
comparable offenses.
(5)
(a) For a crime committed on or after November 1, 1989, a
conviction is considered to have occurred upon the pronouncement of
sentence in open court. However, when sentences are imposed for two or
more convictions arising out of the same conduct or criminal episode,
none of the convictions is considered to have occurred prior to any of
the other convictions arising out of the same conduct or criminal
episode.
(b) For a crime committed prior to November 1, 1989, a conviction
is considered to have occurred upon the pronouncement in open court of
a sentence or upon the pronouncement in open court of the suspended
imposition of a sentence.
(6) For purposes of this section, previous convictions must be proven
pursuant to ORS 137.079.
Source: Oregon Lawyer
( http://www.oregonlawyer.com/ors/Statute_Details.cfm?Statute=137.717)
I would guess, and this is purely my opinion, that because of the
previous ?crimes? and the fact that he is being tried as an adult, he
may get some jail time (not prison) and it could be up to the 19 month
maximum set by ORS 137.717. All of this depends on the judge he gets
and the jury.
Please let me know if you need anything else!
Nenna-GA
Google Answers Researcher
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