Many violent crimes are designated as measure 11 crimes. These crimes generally fall into the categories of Assault, Robbery, and Kidnapping.
Prison sentences for convictions of these crimes range from 70-90 months. Due to the gravity of the situation, it is always recommended that you seek legal advice. Edward Kroll is a former prosecutor who now specializes in defense of serious and violent crimes.
Measure 11 Assault charges are either classified as Assault in the 1st Degree or Assault in the 2nd Degree. Assault I carries a mandatory minimum of 90 months in prison, while Assault II carries 75 months.
As discussed on our main Assault page, the defenses of self defense and defense of others apply to Measure 11 assault cases. If the facts support it, we can also argue that the injured party is fabricating the event, or that the injuries came from another source.
These types of cases often turn on legal distinctions, as much as factual distinctions. If a weapon is used, then the state must prove that the object was, in fact, a dangerous or deadly weapon. In the case of a knife or gun, there’s not much argument, but the state has been known to get very creative with its definitions. If the state alleges that something uncommon (e.g. the ground, a spatula, or a flowerpot) was used as a weapon, it is an absolute defense to the Measure 11 charge to show that the object is not a weapon.
In addition, an assault conviction can often depend on the level of injury sustained. Assault I, and a subsection of Assault II require “serious physical injury.” If we can demonstrate that the injury suffered did not meet the legal definition of “serious,” then you will not be convicted.
Edward Kroll has extensive experience with the litigation of violent crimes, and knows how to defend you. Due to the gravity of these charges, consider contacting Portland Measure 11 defense attorney Edward Kroll today for a free and confidential consultation, so we can begin crafting your defense.