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The information provided on this page should not be considered legal advice, is no substitute for qualified legal representation, and should not be relied upon in consequential decision-making. Although the authors of this site intend this information as a practice aid, it may not be accurate or up-to-date. The Oregon Administrative Rules governing sentencing are promulgated by the Oregon Criminal Justice Commission and are available at OAR Chapter 213.
Controlled Substances Table
Property Table
Tobacco Crimes Table
Aggravating and Mitigating Factors
Aggravating Factors
- Deliberate cruelty to victim;
- Offender knew or had reason to know of the victim's particular vulnerability (e.g. extreme youth, age, disability, or ill health) which increased the harm or threat of harm caused by the criminal conduct;
- Threat of or actual violence toward a witness or victim;
- Persistent involvement in similar offenses or repeated assaults (may be cited when consecutive sentences imposed only if persistent involvent unrelated to current offense);
- Use of weapon in the comission of the offense;
- Offense involved a violation of public trust or professional responsibility;
- Offense involved multiple victims or incidents (may not be cited when captured by consecutive sentencing)
- Crime was part of an organized criminal operation;
- Offense resulted in permanent injury to victim;
- Degree of harm or loss attributed to the current crime of conviction was significantly greater than typical;
- Offense motivated entirely or in part by race, color, religion, ethnicity, national origin, gender identity, or sexual orientation of the victim;
- Disproportionate impact (for Theft I and Agg. Theft I).
Mitigating Factors
- Victim was the aggressor or participant in the criminal conduct;
- Defendant acted under duress or compulsion (where not a complete defense);
- Defendant's mental capacity was diminished (other than by voluntary intoxication);
- Offense principally accomplished by another and the defendant exhibited extreme caution or concern for the victim;
- Offender played a minor or passive role in the crime;
- Offender cooperated with the State with respect to the current crime or any other criminal conduct by the offender or other person (however, non-cooperation cannot be aggravating);
- Degree of harm/loss significantly less than typical;
- Offender's criminal history indicates living conviction-free within community for a significant period of time preceding current crime of conviction.
- Offender is amenable to treatment, and appropriate program is available to accept offender within a reasonable period of time, treatment program is likely to be more effective that the presumptive prison term in reducing the risk of recidivism; and a probation sentence will serve community safety interests by promoting offender reformation;
- Offender's status as a servicemember.
OAR 213-008-0002
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