A man convicted of being a felon in possession of a handgun recently had his conviction upheld by the Oregon Supreme Court. This man was charged and convicted of felony possession of a controlled substance in 2004 and plead guilty on the condition that, after 18 months of probation, he could appeal the court and have his conviction reduced to a misdemeanor. He successfully completed this probation and successfully appealed to have this conviction downgraded. In 2008, however, he was arrested for having a handgun and charged with being a felon in possession. His criminal defense attorney in Portland argued that because the felony was downgraded to a misdemeanor, these new charges should be dropped. The Court disagreed and upheld his conviction.
Criminal Defense Attorney in Portland on the Precision of Language
This appeal centered on five words: “at the time of judgment.” This client’s criminal defense attorney in Portland argued that the judgment came later, when his conviction was downgraded to the misdemeanor. The state argued, however, that the judgment came at the time of trial and anything after is irrelevant to the statute of felons in possession of guns. The Court sided with the state, agreeing that the decision to downgrade the felony was actually an order and not a judgment. Therefore this man’s Class C felony conviction was upheld.
While the conviction was upheld, this decision shows how important it is for a criminal defense attorney in Portland to examine precise language regarding statutes and review the exact wording of a statute when defending a client. Because the state will need to prove all elements of a case, a thorough defense lawyer will examine each and every word of a given statute to find a way to defend his client.
For aggressive, experienced, thorough Portland defense lawyers, contact the law firm of Corbridge & Kroll. We will work diligently to fight for your freedom. We are happy to provide an in-depth consultation to learn more about your criminal matter.