The Oregon Supreme Court recently upheld the sentence of a man convicted of second degree kidnapping and sentenced to 30 years in jail. The man did not appeal his conviction on the merits of his case but rather argued that the trial court did not have the right to sentence him to such a term. Under Oregon law, second degree kidnapping is a Class B felony, punished by ten years maximum. However, the prosecutor notified him that they would be seeking to sentence him as a “dangerous offender” which would enhance his sentence. The Defendant’s Portland criminal defense attorney argued that the state was required to plead these elements in its indictment. The Court ruled, however, that the indictment need only spell out the conventional charge with any sentencing enhancements to be decided upon conviction.
Portland Criminal Defense Attorney on Dangerous Offenders
If a person is convicted and found to be a “dangerous offender,” they can be sentenced to up to 30 years in jail. Some of the elements which can be shown in order to enhance a person’s sentence include:
- Defendant committed a crime that seriously endangered the life of another
- Defendant has a previous felony conviction
- Defendant suffers from a severe personality disorder indicating a propensity toward crimes that serious endanger others
If the state intends to seek an enhanced sentence, the prosecutor is required to notify the defendant’s Portland criminal defense attorney in a timely manner so they can adequately prepare a defense. Without this notice, a person cannot face an enhanced sentence.
If you have been charged with a felony and the state is seeking to sentence you as a dangerous offender, contact an experienced Portland criminal defense attorney right away. The lawyers at Corbridge & Kroll have experience defending clients against all charges and will fight diligently for your freedom.