OREGON ROBBERY GUIDE

David N Lesh
Oregon Robbery Defense Attorney
Oregon Super Lawyer 2018 - 2023

Call me today to speak about your robbery case.
(503) 546-2928

2024 GUIDE TO ROBBERY CHARGES IN THE STATE OF OREGON

Robbery in the First Degree commonly known as Rob. I or Rob. One

Robbery in the Second Degree commonly known as Rob. II or Rob. Two

Robbery in the Third Degree commonly known as Rob. III or Rob. Three

What happens after an arrest for robbery in Oregon?

All robbery (first, second, and third degree) are all felony charges. These charges nearly always result in the defendant being booked into custody and given a court date on the next business day. Robbery in the first degree and robbery in the second degree charges usually have high bail amounts (typically $250,000 or higher). Robbery in the third degree usually has a lower bail amount. If you are able to post bail be sure you abide by any release conditions or you face forfeiting your bail and being taken back into custody.

What are the differences between the three robbery crimes?

Oregon law defines the various ways in which robbery is committed. The table below provides a summary of Oregon law.

CHARGE	CLASSIFICATION	HOW COMMITTED
Robbery in the third degree ORS 164.395	Class C Felony	A person commits the crime of robbery in the third degree if in the course of committing or attempting to commit theft or unauthorized use of a vehicle the person uses or threatens the immediate use of physical force upon another person with the intent of: (a) Preventing or overcoming resistance to the taking of the property or to retention thereof immediately after the taking; or (b) Compelling the owner of such property or another person to deliver the property or to engage in other conduct which might aid in the commission of the theft or unauthorized use of a vehicle.
Robbery in the Second Degree ORS 164.405	Class B Felony Ballot Measure 11 70 months minimum sentence with possible opt out	A person commits the crime of robbery in the second degree if the person commits robbery in the third degree and the person: (a) Represents by word or conduct that the person is armed with what purports to be a dangerous or deadly weapon; or (b) Is aided by another person actually present.
Robbery in the First Degree ORS 164.415	Class A Felony Ballot Measure 11 90 months minimum sentence	A person commits the crime of robbery in the first degree if the person commits robbery in the third degree and the person: (a) Is armed with a deadly weapon; (b) Uses or attempts to use a dangerous weapon; or (c) Causes or attempts to cause serious physical injury to any person.

How are these crimes most commonly committed?

The essence of a robbery charge is a theft committed with either the use or threatened us of force. The charges get more serious if two or more people act together; if a gun is possessed; if a weapon is used; or if an injury is inflicted.

What other charges might be brought along with robbery?

As mentioned above, usually a theft occurs with a robbery charge. Also common are charges of assault and unlawful use of a weapon.

What type of sentences are typical on robbery charges?

The sentences received on robbery charges can vary widely. If you are convicted of robbery in the first degree, the court must impose at least a mandatory sentence of 90 months. A conviction for robbery in the second usually results in a sentence of 70 months; however, under some circumstances, the court can impose a lesser sentence. ORS 137.712. Robbery in the third degree can result in a sentence of either probation or prison often depending on the defendant's criminal history.

Robbery charges are subject to plea negotiations. Therefore, if the prosecution agrees sometimes a plea can be made to an attempted robbery charge which would lower the mandatory Ballot Measure 11 sentence.

How do I contact David Lesh for help with my robbery case?

Mr. Lesh does not charge for an initial consultation. Call his office at 503.546.2928 to speak with him. Mr. Lesh's law firm is located at 434 NW 19th Avenue in Portland.

David N Lesh

About the Author:

David Lesh is a Portland attorney emphasizing the defense of serious criminal charges. He has been a member of the Oregon State Bar since 1990. Mr. Lesh is a former Multnomah County prosecutor (5 years) and lawyer to the Portland Police Bureau (3 years). He was named an Oregon Super Lawyer in 2018, 2019, 2020, 2021, 2022, 2023. His law practice has an A+ BBB rating.

Office Location: 434 NW 19th Avenue; Portland, OR 97209
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