What should I expect from an intimidation charge in Oregon? 4 Answers as of March 02, 2011

In January, I was charged with hitting two different girls in my work place (they are working together on this). I am being charged with intimidation which is my state is a hate crime. One is black and one is claiming to be part Mexican though I never knew that before all of this. In the Evidence packet, the court sent to my lawyer, both girls said no one saw it and there wasn't a mark, in a busy McDonald's work place. All of what is in there is about how I said this to them or said that to them, most of which are lies. There are no cameras in the place. One of the girls stories doesn't match up. She is saying I hit her in one of the busiest times of the day but no one was around to see it. The other girl I have a couple of people (one a manager) who can say they never saw me hit her and they were around us all day. However on March 22nd they have scheduled a 6 jury trial on this. I have read the reports and I really don't see where the Evidence is and why they are continuing with it. No I did not hit them, I don't go around hitting people and I am not racist either. What should I expect from this?

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Law Office of Jonathan T. Sarre
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
I think this question is better left to your attorney, especially seeing you have a trial set for less than a month away. There are lots of things that could come up and I really can't answer your question given the brief information you gave. If your attorney isn't able to give you explanations about the charges and the evidence, you may want to consider going with an attorney who is more reponsive to your questions.
Answer Applies to: Oregon
Replied: 3/2/2011
Harris Law Firm
Harris Law Firm | Jennifer C. Robins
Based upon the circumstances you outlined in your question, it sounds as though you have been charged with Intimidation in the Second Degree. That is a Class A misdemeanor and carried a maximum sentence of one year in jail per count. Again, based on your question, it sounds as though there are triable issues in your case; lack of eye-witnesses, inconsistent accounts of the incident. If you are represented, your attorney should explain to you the strengths and weaknesses of your case. The prosecution will have to prove beyond a reasonable doubt that you intentionally subjected the girls to offensive physical contact because of their race. If convicted, the sentence would depend on your criminal history. You could receive jail time or probation. There will be court fines and fees as well. Some courts may order community service or treatment, such as anger management.
Answer Applies to: Oregon
Replied: 2/27/2011
Edward A. Kroll, Attorney at Law
Edward A. Kroll, Attorney at Law | Edward A. Kroll
It appears from your question that you already have a lawyer. This person is the best one to ask your question to. Intimidation is a Class C Felony. Depending on your past criminal history (if any), this charge can carry anything from prison time to probation. However, your question also suggests that you have a "6 jury trial" scheduled, which I assume means 6-person trial. This would mean that you are not facing a felony and only a misdemeanor.

A Class A misdemeanor can carry up to one year in jail, although the most common sentence is anywhere from 5-20 days jail and probation. Again, your lawyer is the best person to ask about this. If you no longer have a lawyer, you should get one immediately, especially if you have trial coming up. If you do not have a lawyer, please feel free to call me and arrange a free consultation.
Answer Applies to: Oregon
Replied: 2/24/2011
Law Office of Rankin Johnson IV, LLC
Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
Intimidation can be a minor felony, ranked CS 6 on the sentencing guidelines grid, or a Class A misdemeanor. If you have a six-person jury trial scheduled, then you are currently charged with a misdemeanor. You've given some reasons why the two alleged victims might be lying, but whether to believe them is really up to the jury, and juries sometimes do inexplicable things.

If the jury believes you, or doesn't believe them, you go free. If the jury believes them and you are convicted of both offenses, the worst possible sentence is one year in jail on each. That is highly unlikely unless you have a terrible criminal history or the facts are worse than you are saying. These are things you should discuss with your attorney. If you don't have an attorney, or don't like or trust the attorney appointed by the court, consider hiring a new attorney.
Answer Applies to: Oregon
Replied: 2/24/2011
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