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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118130
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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what would a woman 28 years old be facing in oregon for 1 count

Customer Question

what would a woman 28 years old be facing in oregon for 1 count of aggravated theft in the 1st degree with no priors? what are some options she might have if it came down to a deal or not?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 4 years ago.
The charge is a serious felony charge and carries a maximum penalty of up to 10 years in prison and if the victim of the theft was 65 or older it carries a minimum of 18 months to 45 months in prison. On felony charges, the DA has the option of charging a defendant by a bill of information filed by the DA to the court alleging the probable cause for charges or to present the case to the grand jury who will issue an indictment charging her which will be sent to the court to then prosecute the case against her.

As a first offender, if it is not a victim 65 or older, the DA will generally negotiate a deal for a sentence/plea bargain with her to avoid jail time if her attorney cannot come up with grounds for a dismissal.

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Customer: replied 4 years ago.

I believe the victim is 65 years or older but, can at times lie about anything to the death just to get what they want. There are so many issues with this case. so it would be the same sentence of prison time even she has no prior convictions on her record. there is not a lesser charge to plea guilty to or make a deal??

Expert:  Law Educator, Esq. replied 4 years ago.
I understand, but unfortunately for a victim 65 or older there is a mandatory jail sentence involved under the Oregon law. Thus, the girl needs to insist on going to trial and proving this person is lying about what she did and fight the charges. The DA could negotiate it down if they find the value of the property allegedly taken is below $10,000 and it could be negotiated to a misdemeanor even, depending on the actual facts of the case and the actual evidence.
Customer: replied 4 years ago.

its hard to prove that that person is lying. she just knows because this woman use to be an employee of that elderly person that is claiming she is a victim,she constantly lied about anything just to get by while her employee(the one bein charged with crime) dealt with all the stress of this job providing lies and false promises to so called victims customers?? Very hard case. plus oregon seems to be a racist environment and my friend is hispanic so good luck to her

Expert:  Law Educator, Esq. replied 4 years ago.
The state has to prove the charges beyond a reasonable doubt and if there are problems with the case she has a right to attack the credibility of the elderly person and that is what she will have to do.
Customer: replied 4 years ago.
It will be hard to attack her credibility because she is white and gots the funds for a great lawyer to put down a hispanic in that court room
Expert:  Law Educator, Esq. replied 4 years ago.
All the defendant has to do is raise reasonable doubt in the case, as the prosecution would have to prove she did this beyond a reasonable doubt. What happens depends on the evidence she can put forth and it doesn't matter how much the old woman has because her lawyer has nothing to do with the case, it is the district attorney that prosecutes the criminal cases.
Customer: replied 4 years ago.
How can she raise reasonable doubt? The so called victim did not care bout what her tenants needs only about her own.
Expert:  Law Educator, Esq. replied 4 years ago.
I do not know the facts of this case, nor any of the evidence, I cannot tell her how to raise reasonable doubt, that is based on her evidence and why she needs a defense attorney who will raise the facts. However, you have asked one question and it has now morphed into a theoretical discussion about the evidence in the case of which I have no knowledge and I would thank you for understanding that we can only tell you the legal standards that the DA must meet to prove a case, but we cannot evaluate her evidence and develop the actual defense for her.
Customer: replied 4 years ago.
Thank u i apologize. So can she maybe make a deal for a lesser charge if it came down to it? And what is the minimum for this charge?
Expert:  Law Educator, Esq. replied 4 years ago.
It is possible for her to bargain it down, but it all depends on the evidence and the DA, but it is possible to get this down to at the very least a class C felony with no minimum sentence and a maximum of 5 years whereby probation can be given. To get it down to a misdemeanor will be a bit tougher depending on how much they can show was really taken. If they could get her down to the misdemeanor the maximum sentence is 1 year and again she can get probation and no jail. However, this is presuming that your friend cannot fight the charges in court and prevail based on the weakness of the evidence against her.
Customer: replied 4 years ago.
Is this a federal case? When its an aggravated theft charge wehen the victim is 65 or older. Or is it another way of saying embezzlement?
Expert:  Law Educator, Esq. replied 4 years ago.
No it is no federal case, it is just a regular theft case.

Under OR law 164.055, Theft in First Degree:

1) A person commits the crime of theft in the first degree if, by means other than extortion, the person commits theft as defined in ORS 164.015 (Theft described) and:

(a) The total value of the property in a single or aggregate transaction is $1,000 or more;

(b) The theft is committed during a riot, fire, explosion, catastrophe or other emergency in an area affected by the riot, fire, explosion, catastrophe or other emergency;

(c) The theft is theft by receiving committed by buying, selling, borrowing or lending on the security of the property;

(d) The subject of the theft is a firearm or explosive;

(e) The subject of the theft is a livestock animal, a companion animal or a wild animal removed from habitat or born of a wild animal removed from habitat, pursuant to ORS 497.308 (Wildlife holding and habitat removal permits) (2)(c); or

(f) The subject of the theft is a precursor substance.

Aggravated Theft in First Degree is

A person commits the crime of aggravated theft in the first degree, if:

(a) The person violates ORS 164.055 (Theft in the first degree) with respect to property, other than a motor vehicle used primarily for personal rather than commercial transportation; and

(b) The value of the property in a single or aggregate transaction is $10,000 or more.

Embezzlement is a taking of money.