Crimes & Misdemeanors

According to ORS 161.505, offenses have two sub categories: a crime or a violation. In the Springfield Municipal Court a crime is a misdemeanor offense. Understanding the difference between a misdemeanor and a violation is important when making your decision on how to proceed.

Misdemeanor “Crime” as described in ORS 161.515 is:

  • An offense for which a sentence of imprisonment (jail time) is authorized.
  • A crime is either a felony or a misdemeanor. (Springfield Municipal Court does not process felony cases. Felony cases are filed with the Lane County Circuit Court.)

Violation as described in ORS 153.008 is:

An offense is a violation if any of the following apply:

  • The offense is designated as a violation in the statute defining the offense.
  • The statute prescribing the penalty for the offense provides that the offense is punishable by a fine but does not provide that the offense is punishable by a term of imprisonment. The statute may provide for punishment in addition to a fine as long as the punishment does not include a term of imprisonment.
  • The offense is created by an ordinance of a county, city, district or other political subdivision of this state with authority to create offenses, and the ordinance provides that violation of the ordinance is punishable by a fine but does not provide that the offense is punishable by a term of imprisonment. The ordinance may provide for punishment in addition to a fine as long as the punishment does not include a term of imprisonment.
  • The prosecuting attorney has elected to treat the offense as a violation for purposes of a particular case in the manner provided by ORS 161.566.
  • The court has elected to treat the offense as a violation for purposes of a particular case in the manner provided by ORS 161.568.

Traffic Citations:

Directly under the title OREGON UNIFORM CITATION AND COMPLAINT is a series of boxes. The officer will have marked either Criminal or Violation.

Traffic Crime:

A traffic crime is a misdemeanor offense where you could serve jail time in addition to having to pay a fine. Examples of these offenses include but are not limited to:

  • Driving Under the Influence of Intoxicants
  • Hit and Run
  • Reckless Driving

The arraignment date written on the bottom of the citation is a mandatory appearance.

Traffic Violation:

A traffic violation is an offense where the only penalty is a fine. Examples of these offenses include but are not limited to:

  • Speeding
  • Failure to Obey a Traffic Control Device
  • Driving Uninsured
The menu item Traffic Violations refers to this type of citation and will provide you with more information.

Are You Entitled to a Court Appointed Attorney?

Appointed Attorney

If you have been charged with a crime, you have the right to a court appointed attorney if you are indigent and cannot afford to hire an attorney without substantial hardship to you or your family.

You will need to complete the application process to determine if you qualify for a court appointed attorney under state guidelines.

Private Attorney

If you do not qualify for a court appointed attorney, you may choose to privately hire an attorney to represent you for this matter. Court staff by law cannot give legal advice or refer you to any attorneys.

Additional Assistance

If you need assistance locating an attorney, contact the Oregon State Bar Lawyer Referral Service at 800-452-7636.

Disclaimer:

The information on this webpage is for informational purposes only and does not constitute legal advice. While we make every effort to provide accurate information, there is no guarantee as to the accuracy. Please contact an attorney to obtain advice with respect to any specific legal matter.