Best Criminal Defense Lawyers in Oregon (2026)

3Measure 110, the 2024 Rollback, and What It Means for Drug Defendants

Oregon’s Measure 110 (2020) was the most sweeping drug decriminalization measure in American history, reducing personal possession of controlled substances from a criminal offense to a non-criminal citation carrying a maximum $100 fine. The measure directed cannabis tax revenue toward addiction treatment services. By 2023, however, concerns about public drug use, insufficient treatment infrastructure, and rising overdose deaths generated a political backlash.

In 2024, the Oregon legislature passed HB 4002, which recriminalized personal drug possession as a Class A misdemeanor (up to 364 days jail and $6,250 fine). The law took effect September 1, 2024, but created a transition period with significant implementation questions. Defense attorneys must understand which conduct occurred during the decriminalization window (and is therefore not prosecutable as a crime), which conduct post-dates recriminalization, and how pending cases should be handled. The firms ranked above are current on these changes and can advise defendants on the applicable law based on when the alleged offense occurred.

4Measure 11 Mandatory Minimums and Trial Strategy in Oregon

Oregon’s Measure 11 (ORS 137.700) imposes mandatory minimum sentences for a list of violent offenses that cannot be reduced by judicial discretion. The mandatory minimums are severe: 5 years 10 months for Robbery II and Assault II, 7 years 6 months for Robbery I, 10 years for Rape I and Sodomy I, and 25 years for Murder. These sentences must be served day-for-day with no earned time credits — a defendant sentenced to 7 years 6 months will serve exactly 7 years and 6 months.

For defense attorneys, Measure 11 changes the strategic calculus. The only ways to avoid a Measure 11 mandatory minimum are to negotiate a plea to a non-Measure 11 offense or to win at trial. This makes trial a more attractive option in some cases, because the penalty for conviction at trial (the mandatory minimum) may not be significantly worse than the best plea offer. Defense attorneys who understand this dynamic can make informed recommendations about whether to negotiate or fight, and can present compelling trial defenses that challenge the state’s evidence on the specific elements that distinguish a Measure 11 offense from a lesser charge.

6Alternatives to Traditional Criminal Defense in Oregon

• Drug Courts: Oregon operates drug courts in Multnomah County and other jurisdictions. Following the 2024 recriminalization of drug possession, drug courts have taken on renewed importance as a diversion pathway that offers treatment-based resolution instead of incarceration.
• Mental Health Courts: Multnomah County and other Oregon courts operate mental health courts for defendants whose criminal conduct is linked to mental illness. Participants receive treatment, case management, and judicial supervision, with successful completion resulting in reduced or dismissed charges.
• Diversion Agreements: Oregon district attorneys in several counties offer diversion agreements for first-time offenders, particularly for drug possession, property crimes, and minor assaults. Successful completion of conditions — treatment, community service, restitution — results in dismissed charges.
• Civil Compromise: Under ORS 135.703, certain misdemeanor offenses can be resolved through a civil compromise between the defendant and the victim. If the victim acknowledges being made whole and the court approves, the case is dismissed. This tool is particularly useful for property crimes and minor assaults where restitution resolves the underlying harm.

7Criminal Defense in Oregon: What Defendants Need to Know

Oregon’s criminal justice system is in a period of significant transition. Drug laws have shifted multiple times since 2020, the death penalty remains under moratorium, Measure 11 mandatory minimums for violent offenses create harsh sentencing floors, and the post-Ramos jury unanimity landscape continues to develop. Understanding these moving pieces is essential for effective defense.