A conviction for a felony is a very serious thing. Whether the conviction comes from a plea or a guilty verdict at trial, there are many consequences in addition to the sentence that a person should be aware of before making any decisions regarding their case.
The Sentence Depends on the Crime and Criminal History
The first question a person facing a felony should ask is what the sentence for the crime will be. In Oregon, felony sentencing is determined according to a grid based on the crime and the person’s criminal history. Some crimes have “presumed probation,” meaning that the sentence will most likely be probation with minimal jail time up front. Some crimes have a presumed prison sentence. It is always important to know a person’s full criminal history before determining a sentence, as prior convictions can make a sentence far worse.
Additional Factors in Imposing a Sentence
There are several other factors that can determine a person’s sentence. There are certain “departure factors” that can either make the sentence better or worse. The mitigating factors, or things that can reduce a sentence, include having a victim that was the aggressor, issues with mental capacity, playing a minor role in the crime, cooperating with the state in other investigations, and other things. The aggravating factors, or things that can make a sentence worse, include deliberate cruelty, permanent injury to the victim, multiple victims, and other things. In addition to the usual sentencing grid, many crimes carry a “mandatory minimum sentence.” This means that the judge must impose a specific, often harsh, penalty no matter what the circumstances of the crime are. The most violent crimes carry minimum sentences under Measure 11. If a person is convicted of more than one property crime, then they could be subject to a mandatory sentence under Measure 57. It is important to know if there is a mandatory minimum sentence prior to entering a guilty plea or going to trial.
Other Consequences Outside of the Sentence
Getting convicted of a felony involves more than just the sentence. In Oregon, felons lose their right to vote during the time that they are incarcerated; in other states, being a felon could mean losing your right to vote permanently. In Oregon a person cannot serve on a criminal jury if they have been convicted of a felony within the last 15 years. Unless you get a conviction expunged, the conviction means that you will carry the label of “felon” for the rest of your life. Being a felon means that a person will no long be able to receive public benefits (like welfare), will not be able to get public housing, and will likely face issues getting a job. There are also immigration issues for most convictions, so if a person is not a US citizen they could face deportation. Before making any decisions, be sure to speak to an attorney to discuss all of the consequences of a conviction, not just the immediate sentence.