1. Gilroy Napoli Short Law Group
Focus Area: Criminal defense with former prosecutor experience and 5-Star Rated Super Lawyers recognition
Practice Areas: DUI/DUII, drug crimes, assault, domestic violence, Measure 11 offenses, gun rights restoration, federal crimes
Background: The Salem criminal defense attorneys have successfully defended clients throughout the state of Oregon and Marion County facing a broad range of criminal charges, from minor theft and drug charges to drunk driving in Salem, even Measure 11 attempted murder charges. The 5-Star Rated Defense Super Lawyers are well-versed in misdemeanor and felony cases, and always vigorously defend clients’ rights and interests. A special focus of the law firm is representing individuals and firearms dealers in gun rights cases. If your rights are in jeopardy, or have already lost them, they work to restore your Constitutional rights. The new Salem office location is at 530 Center Street NE, Suite 722. The attorneys are here and fully prepared to aggressively protect your rights and safeguard your interests. They have helped a great number of individuals and families in Marion County to obtain resolutions that are efficient and effective in meeting legal goals. In many cases they have helped clients get a reduced sentence, avoid jail time, and occasionally get their cases dismissed.
Location: 530 Center Street NE, Suite 722, Salem, OR 97301
Contact: (503) 747-7198 | https://www.gilroynapolishort.com/
Consultation: Free consultation available; available 24/7; video consultations via Zoom, Skype, Google Hangouts or FaceTime
2. Thompson Law LLC
Focus Area: Criminal defense with 19+ years experience and Top 100 Criminal Defense Attorney recognition
Practice Areas: DUI/DUII, drug crimes, assault, theft, Measure 11 offenses, sex crimes, felonies, misdemeanors
Background: Jason E. Thompson is a Salem, Oregon Criminal Defense Lawyer ready to aggressively defend your rights at each stage of a misdemeanor or felony case, from an arrest to an appeal. He has helped hundreds of individuals in the Salem area. Mr. Thompson has been practicing law for over 19 years, and is aggressively committed to protecting your interests. He has been recognized by The National Trial Lawyers as a Top 100 Criminal Defense Attorney, a Superior DUI Attorney by NAFDD, and Willamette University College of Law, Mentor of the Year. From focusing on unique litigation theories, to creative investigation strategies, Mr. Thompson identifies the four corners to any issue, and then utilizes a hexagonal solution; that is, a more in depth and encompassing approach to apparent clean cut problems. Based in Salem, Oregon, Mr. Thompson is renowned for his discrete, sound, and confidential legal advice. His commitment to this approach has resulted in being recognized for excellence.
Location: Salem, Oregon (serves entire state of Oregon including Marion County, Medford, Ashland)
Contact: (503) 763-3537 | https://www.thompsonlawllc.com/
Consultation: Available for consultation
3. Gunn & Gunn P.C.
Focus Area: Criminal defense with 90+ years combined family firm experience
Practice Areas: DUI/DUII, drug crimes, domestic violence, sex crimes, property crimes, theft, assault, Ballot Measure 11 crimes
Background: With almost 90 years of combined experience, attorneys at Gunn & Gunn have helped individuals and businesses navigate some of their most difficult times. They are a family owned law firm of attorneys with their main office located in Salem, Oregon. Though located in Oregon’s capital, they handle cases throughout Oregon. They firmly believe that reputation and experience matter when hiring an attorney. At Gunn & Gunn, each case is handled in a personal, confidential, and professional manner. As a client of Gunn & Gunn, you are not simply another “case.” Because they know that each situation is unique and deserves personal attention and sound legal advice. They understand the stress, fear, and uncertainty that is a natural part of being arrested for any crime, and particularly when being arrested for DUI in Oregon. For many clients, being arrested for drunk driving is the first experience with law enforcement and the first time spending some time in the county jail. They take the time to talk to you about your case, answer your questions and alleviate your concerns.
Location: Salem, Oregon (serves Marion County and throughout Oregon)
Contact: Available through firm website | https://www.gunnlawfirm.com/
Consultation: Available for consultation
4. Mark C. Cogan, P.C.
Focus Area: Criminal defense with international client experience and history of achieving results in serious cases
Practice Areas: DUI/DUII, drug crimes, sex crimes, assault, theft, property crimes, federal crimes
Background: At Mark C. Cogan, P.C., the lawyers and staff enjoy working with international clients. In these cases, they have achieved very remarkable results. In recent years, they have been fortunate to represent clients from around the world, including China, Vietnam, the Middle East, Europe and Latin America. They have translators and cultural experts, as well as private investigators and other professionals, who can provide important assistance to international clients represented. They also have immigration lawyers available for consultation as needed. If you are seeking a lawyer to defend yourself or a loved one facing criminal charges in the State of Oregon, please consider the law firm. On the same scale from 1 to 100, Salem rests at 52 for crime. The national average is 43.5. If you have been accused or charged with a crime, you need to act fast and start preparing your defense. The firm welcomes clients of all nationalities and has a history of achieving great results for clients of the Slavic community.
Location: Salem, Oregon (serves throughout Oregon)
Contact: (503) 827-8092 | https://www.coganlawoffice.com/
Consultation: Available for consultation
5. Daniel J. Lounsbury, Attorney at Law (Willamette Valley Legal)
Focus Area: Criminal defense and family law with focus on Willamette Valley
Practice Areas: DUI/DUII, drug crimes, assault, theft, domestic violence, expungement
Background: Being accused of a crime is one of the most stressful, surprising, and frightening experiences a person may ever face. When you face criminal charges, your future prospects hang in the balance. The key to minimizing the impact that these allegations can have on your life is to consult an experienced criminal defense attorney. Often the time to get an attorney is before the police investigation is complete and before the prosecutor files charges. Attorney Daniel J. Lounsbury has successfully helped many clients across the Willamette Valley either avoid being charged by gathering proof of innocence prior to charges, or navigate the legal process following criminal charges. He also handles family law cases in addition to criminal defense cases. For his clients, this means they will work with a lawyer who is adept at providing guidance to families in distress. Often, criminal and family law cases overlap. His clients appreciate that they can rely on him to handle their legal challenges.
Location: Salem, Oregon (serves Willamette Valley)
Contact: (503) 967-3119 | https://www.willamettevalleylegal.com/
Consultation: No-cost phone consultation available; Se habla Español
Criminal Defense Laws in Oregon
Felony Classifications
Oregon classifies felonies into three categories:
Class A Felony: Includes murder, rape I, sodomy I, kidnapping I. Maximum 20 years imprisonment and $375,000 fine.
Class B Felony: Includes assault I, robbery I, burglary I. Maximum 10 years imprisonment and $250,000 fine.
Class C Felony: Includes assault II, theft I, DUII (felony). Maximum 5 years imprisonment and $125,000 fine.
Measure 11 Offenses: Mandatory minimum sentences for certain violent crimes. Examples: murder (25 years), rape I (100 months), robbery I (90 months). No early release or sentence reduction.
Misdemeanor Classifications
Class A Misdemeanor: Includes assault IV, DUII (first/second offense), theft II. Maximum 1 year jail and $6,250 fine.
Class B Misdemeanor: Includes harassment, disorderly conduct II. Maximum 6 months jail and $2,500 fine.
Class C Misdemeanor: Includes disorderly conduct, criminal mischief III. Maximum 30 days jail and $1,250 fine.
Violations: Non-criminal offenses. No jail, fine only.
Expungement (Motion to Set Aside)
Oregon allows expungement of certain criminal records through a “motion to set aside”:
Eligible: Most Class C felonies (3-year waiting period), most Class A/B felonies (20-year waiting period), most misdemeanors (1-year waiting period), arrests without conviction (immediate eligibility).
Not Eligible: Class A felonies against persons, sex offenses, traffic offenses including DUII.
Effect: Records are sealed from public view.
DUII Laws
Oregon DUII applies to driving with BAC of .08% or higher (.04% commercial, any amount under 21). First offense (Class A misdemeanor) carries up to 1 year jail, $1,000-$6,250 fine, 1-year license suspension, and installation of ignition interlock device. Second offense within 10 years carries up to 1 year jail, $1,500-$6,250 fine, 3-year license suspension, and mandatory ignition interlock. Third offense within 10 years is a Class C felony with up to 5 years prison, $2,000-$125,000 fine, and permanent license revocation.
Frequently Asked Questions
What courts handle criminal cases in Salem?
Criminal cases in Salem are handled by the Marion County Circuit Court, located at the Marion County Courthouse at 100 High Street NE in Salem. The court handles both misdemeanor and felony cases. Oregon is a unified court system, so circuit courts have general jurisdiction over all criminal matters. Federal criminal cases are handled by the U.S. District Court for the District of Oregon. Having a Salem criminal defense attorney familiar with Marion County judges and prosecutors provides an advantage in navigating your case.
What are Measure 11 offenses in Oregon?
Oregon Measure 11 (1994) established mandatory minimum sentences for certain violent crimes. Measure 11 offenses include murder (25 years), rape I (100 months), sodomy I (100 months), robbery I (90 months), assault I (90 months), and kidnapping I (90 months). There is no early release, good time credits, or sentence reduction for Measure 11 offenses. Offenders must serve the entire minimum sentence. Measure 11 applies to offenders 15 years and older. A Salem criminal defense attorney can evaluate defenses and potential strategies to avoid Measure 11 mandatory minimums.
What are the penalties for drug possession in Oregon?
Oregon decriminalized possession of small amounts of controlled substances effective February 2021 under Measure 110. Possession of small amounts (personal use quantities) is now a Class E violation with a maximum $100 fine, which can be waived by completing a health assessment. Larger quantities and possession with intent to distribute remain criminal offenses. Possession of marijuana (1 oz or less) is legal for adults 21+. Drug courts and diversion programs may be available. A Salem criminal defense attorney can evaluate the specific charges and available options.
What happens if I am charged with DUII in Marion County?
A DUII charge in Marion County carries serious consequences. First offense (Class A misdemeanor) carries up to 1 year jail, $1,000-$6,250 fine, 1-year license suspension, and mandatory ignition interlock device. Oregon has an implied consent law with administrative license suspension for refusal. A first DUII conviction results in a conviction that cannot be expunged. Diversion may be available for first-time offenders with no prior alcohol-related driving offenses in the past 15 years. Successful completion of diversion results in dismissal. A Salem criminal defense attorney can evaluate eligibility for diversion and challenge the evidence.
Can I get my Oregon criminal record expunged?
Oregon allows expungement through a “motion to set aside” for most convictions after waiting periods. For Class C felonies, the waiting period is generally 3 years from completion of sentence. For Class A/B felonies, the waiting period is 20 years. For misdemeanors, the waiting period is 1 year. Arrests without conviction can be set aside immediately. Not eligible for expungement are Class A felonies against persons, sex offenses requiring registration, and traffic offenses including DUII. The effect of expungement is that records are sealed from public view. A Salem criminal defense attorney can evaluate eligibility and file the appropriate motion.