Restore Your Rights
Can I Reduce a Felony to a Misdemeanor?
Yes. Most Class C felonies, drug possession convictions, or marijuana delivery convictions can be reduced to misdemeanors, even years after the conviction. The result of a felony reduction is that the conviction is converted to a misdemeanor. The person is no longer a felon. Reduction can be especially useful for driving crimes and other cases where expungement is not an option.
The law that allows felony reduction is ORS 161.705. There is no time limit or waiting period required before application. Reduction requires that a motion be filed with the court and served on the District Attorney in the court where the conviction occurred. Reduction can only be done for Oregon convictions. The District Attorney may or may not oppose the reduction motion. It is important that the defendant’s story is accurately and appropriately told so the District Attorney and Judge have a full understanding of why the request should be granted. If the District Attorney is in agreement with the motion, it might be granted without a hearing before the judge. If the District Attorney is opposed or takes no position, there will likely be a hearing where evidence can be presented and witnesses called. The judge will consider the history and character of the defendant, but also the nature and circumstances of the original crime. The conviction will be reduced to a misdemeanor if the judge agrees that it is unduly harsh for the felony record to remain.
Hopefully, a temporary wrinkle in the law, people who were sentenced to prison as a result of the conviction, rather than probation, might not be eligible for felony reduction at this time. We do not expect this situation to last because it appears to be an unintended consequence in how the law was recently changed. However, for the time being, if the person was sentenced to prison as a result of the conviction they are trying to reduce, they might not be eligible.
It is important to note that reduction leaves a conviction on your record. In many cases, expungement is a better option because it eliminates the criminal record altogether. Before deciding to file a motion to reduce a felony to a misdemeanor, expungement eligibility should be considered.
If you have any questions about felony reduction or other rights restoration options, Lohrke Law offers a free eligibility consultation. In one phone call with an attorney, eligibility and cost can usually be determined. Please call Lohrke Law if you have any questions about reducing a felony conviction to a misdemeanor conviction.
Three Ways to Restore Your Rights
We won’t waste your time or money. During a free consultation, we can usually give you a realistic idea of what to expect, the odds of success, how long it will take, and how much it will cost.
Contact us to schedule an attorney consultation.
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Above and Beyond
I was arrested on 12/3/12 on some serious criminal charges. I was assigned a court appointed attorney that wasn’t interested or capable of defending me. I was going to spend the next two years of my life in prison! I called Jesse and he intervened on my behalf. He traveled 300 miles round trip to represent me on court appearances. He sent people to search the archives in Multnomah County to disprove my past criminal history. He wasn’t afraid to question police procedures. He offered positive suggestions on things I could do to help myself, which I was more than happy to do. The fact is that he worked harder for me than any lawyer I’ve ever known.
As a result of Jesse’s hard work, on February 14, 2013, I was given three years probation instead of two years in prison. And, thanks to Jesse’s suggestions on how I could prove myself a changed person, I’m on reduced supervision at this time and scheduled to be off paper next June.
I honestly owe my life to Jesse Lohrke!
Review on Avvo – December 2014
Only Regret is I Didn’t Pursue This Earlier
I would like to express to you and your staff my gratitude for your help in restoring my gun rights. In December I was able to purchase my first legal handgun, and tonight in the mail I received my concealed carry license for the state of Oregon.
My only regret is I didn’t pursue this further at an earlier date, apparently though God had a different path that led me to you.
I have passed on your name and website to a few individuals, explaining how you helped me.
Again, thank you very much.
J.H. Union County, Oregon
2019 Rights Restoration Client
Elizabeth persevered and changed my life
I highly recommend Elizabeth Lohrke of Lohrke Law to be a dedicated, detailed, driven, and experienced Attorney, who didn’t give up when dealing with the bureaucracies of the Tri-County Courts, Elizabeth persevered and changed my life back to be a normal, law-abiding citizen.
One of the best attorneys in town hands down
Jesse Lohrke is one of the best attorneys in town hands down. He represented my case accordingly and proved to the DA and the judge that there was circumstantial evidence of my innocence. Jesse Lohrke.. if not the best.. he’s definitely one of em. Jesse Lohrke cares. Thanks Jesse Lohrke.
Jesse is the best at what he does
Jesse is the best at what he does I know I could trust him if my life depended on it he takes pride at what he does and when you meet him you know he genuinely cares about your situation
Review on Google – May 2018
Peace of Mind!
I am grateful for finding Jesse Lohrke. I live out of state and my college sophomore son was charged with a crime. He received a false ID/underage drinking citation. Mr. Lohrke listened and calmed me down. He then took care of everything and communicated directly with my son. He formed a strategy and was able to negotiate a fair outcome. My son did not have to fly back and forth to Oregon in order to resolve the matter. I would highly recommend Jesse Lohrke. His fees were quite reasonable and I felt he was honest and forthright.
Review on Avvo – December 2015
Best lawyer a man could ask for.
Jesse Lohrke is the best lawyer a man could ask for. He got my sentence reduced on several occasions and minimized the amount of money I had to pay. He genuinely cares about his clients and always has their best interest in mind. He shows up ready to go and is the man you want to go to bat for you.
Review on Avvo – August 2014
A tireless attorney who earned my highest recommendation.
Mr. Lohrke did a fantastic job of representing me. His initial recommendations to me were fair and suitable to my situation. When I explained to him my specific needs and the extenuating circumstances he went to bat for me tirelessly. It took a while and he never slowed down or suggested to me that I needed to compromise. I give Mr. Lohrke my highest recommendation and I believe you are in very good hands if he is representing you.
Review on Avvo – September 2014
My experience with Jesse was great
I moved to Oregon 7 months ago and came to Oregon at the age of 53yrs old, And i was an avid bowhunter but due to some disabilities i have a very hard time bow hunting , so i seen an add that said get your Gun rights Back to which i never thought would happen, but I hired Jesse and his Law firm and six months later i received my Gun rights back here in Oregon so now im able to Own and buy guns Now i cant wait to go hunting with my son with a rifle for the first time ever Thank you very Much Jesse
Review on Google – June 2017
Hands down the best attorney
I enjoy Jesse and his wife very helpful people hands down the best attorney. Very open minded and he doesn’t beat around the bush about stuff he gets to the point! Thank you Jesse and Elizabeth for all your both help.
Review on Google – February 2018
Cleaning up my criminal record and getting back my gun rights.
I came to Jesse because I was trying to get a better job and I was concerned that I would be discriminated against because of my criminal record. He quickly researched the relevant facts and informed me. He then introduced me to an exciting specialty of his: reducing felony charges to misdemeanors, restoring gun rights, and expunging criminal records entirely. He has done some amazing work for me over the last few months and it has been surprisingly affordable. I am super excited about my future now. Anyone with a criminal record should be talking to Jesse about fixing it.
Review on Avvo – December 2014
I Feel Incredibly Lucky
Jesse guided me through a very messy and challenging DHS dependency case, and I feel incredibly lucky to have had him represent me. He helped me win one of my kids back during the case itself and then, looking toward the appeal, preserved my rights and set me up perfectly to win in the appeal process.
Throughout the entire case, Jesse was respectful of me and my wishes for my family, and how I wanted to approach my case, which was in some ways unconventional. In some instances, he didn’t agree with my approach, but he respected my preferences and fought for it just as hard. He’s not afraid to take a case to trial, and he’s good at it. He knows what to expect, can easily navigate the sometimes rapid-fire pace of the courtroom, and knows what to do to protect his client’s rights. His experience as a criminal defense attorney clearly shows.
Additionally, Jesse was very responsive and organized throughout the entire process, even while his office was moving in the midst of my case. Maybe most importantly, Jesse is honest and genuine, and he truly cares about you and your family.
To put it simply, Jesse Lohrke is a badass attorney, and I wish anyone going through a legal case could have an attorney like him.
T.G. — Bend, Oregon
2019 Dependency Client
Elizabeth didn’t make me feel less than a person
Elizabeth, I want to thank you for helping me with this matter. I appreciate that you listened to me as a client. Even though I made a mistake, you didn’t make me feel less than a person. I know that it hasn’t been easy because of covid-19 and my health problems. I have been recommending your name to my friends that may know of someone in my situation. Thank you again.
Jesse Lohrke: Holistic Attorney
Until Jesse represented me, I had no idea there was (or even could be) such thing as a holistic attorney! (disclaimer: my description of him, not sure how he feels about it:) ) Throughout my case, which came at an already very difficult time in my life, Jesse was not only highly professional and knowledgeable but personally respectful and caring. He explained everything completely (several times in fact!); presented me with all possible options; answered my questions to satisfaction and researched those he was not certain about. He answered my calls personally or returned them promptly. I came to trust him immensely throughout this time. In fact, I credit Jesse Lohrke greatly with the successful outcome of my case as well as my personal life situation during that time. He is not only a great lawyer – he is a wonderful person!
Review on Avvo – May 2014