Oscar Garcia | Hillsboro Criminal Defense Attorney

Oregon Criminal Defense Attorney

Hillsboro Attorney Oscar Garcia
Criminal Defense Experience

With 15 years of criminal defense experience, Oscar Garcia has successfully represented clients in Oregon and Federal courts in a broad range of criminal matters, including:

Sex Abuse
These cases involve unlawful sexual contact due to lack of consent. Lack of consent can arise through the use of or threatened use of force. In addition, lack of consent can be due to the age of the alleged victim or due to incapacitation of the alleged victim. Charges can be Sexual Abuse in the First, Second, or Third Degree. These types of charges, if convicted, require Sex Offender registration. Sex Abuse in the First Degree is a Measure 11 offense.

Drug Charges
These cases involve a controlled substance such as Marijuana, Cocaine, Methamphetamine or Heroin. Charges can be for Possession of Controlled Substance (PCS); Delivery of Controlled Substance (DCS); Manufacture of Controlled Substance (MCS); and Conspiracy to Possess, Manufacture or Distribute Controlled Substance. Cases can be in either in State court or in Federal court. Cases involving large quantities of controlled substances are usually handled in Federal Court.

Rape & Sodomy
These cases involve unlawful sexual intercourse due to lack of consent. Lack of consent can arise by the use or threatened use of force. Charges include Rape and Sodomy in First, Second or Third Degree. Lack of consent can also arise due to the age of the alleged victim, typically known as "Statutory Rape". Finally, lack of consent can arise due to incapacitation of the alleged victim. These types of charges, if convicted, require Sex Offender registration. Rape and Sodomy in the First and Second Degree are Measure 11 offenses.

Measure 11 Offenses
These are cases that require a mandatory minimum prison sentence if convicted of a Ballot Measure 11 offense. It can include Arson, Assault, Attempted Murder, Kidnapping, Manslaughter, Robbery, and Sexual offenses (Rape, Sodomy, Sex Abuse). If convicted of a Measure 11 crime, sentences can range from 70 months to up to 300 months, depending on the charge. Measure 11 crimes are very serious allegations. It is extremely important that a person accused of a Measure 11 offense have a very experienced criminal defense lawyer to defend them.

Juvenile Offenses
All criminal charges which are prosecuted in Juvenile Court. Cases that involve a youth that is under the age of 18 are typically handled in the Juvenile Court that is located in the county in which the youth resides. Some juvenile offenders can be prosecuted in adult court. Measure 11 allows for the prosecution of youths who are at least 15 years old. The youth must be charged with a Measure 11 offense in order to be prosecuted in adult court.

Traffic Offenses
These are cases that typically involve the driving of a motor vehicle on a public road. It can include Reckless Driving; Driving While Suspended; Failure to Perform Duties of a Driver (Hit and Run); both involving property damage or physical Injury; Attempt to Elude Police by Vehicle; Recklessly Endangering Passengers; Vehicular Assault; or Vehicular Homicide. A conviction for a traffic offense can result in either a suspension or revocation of that person's driver's license.

Oregon DUII Cases
Driving Under the Influence of an Intoxicant (DUI, DUII or DWI), both by alcohol or controlled substance, is a crime that involves driving a motor vehicle on a public road while under the influence of an intoxicant. Under the influence of an intoxicant is legally defined to mean that a person's physical or mental faculties are adversely affected by the use of intoxicants to a noticeable or perceptible degree. There is no such crime as driving while drunk.

A DUII case can have two parts:

  1. There may be a Department of Motor Vehicle (DMV) license suspension, either for refusing to take a breath test or for failing a breath test (BAC level of 0.08% and above). A DMV license suspension may be between 90 days to up to 3 years, depending on the specific facts of your case. In order to contest a proposed DMV license suspension, a request must be made in writing to the DMV License Suspension Unit within 10 days of arrest. Failure to make such a request results in an uncontested DMV suspension of your license. It is very important that you consult with an Oregon DUII attorney before 10 days after the date of arrest in order discuss your rights and options.
  2. The second part is the actual criminal charge handled in criminal court. A DUII is a Class A misdemeanor offense. A DUII can be charged as Felony DUII if the charged person has three prior convictions for DUII. Finally, in certain situations, a person may qualify for a DUII Diversion program. This is a program that, if allowed to participate by the court and there is successful completion of all the program requirements, can result in a dismissal of the DUII charge. It is important to consult with an attorney to see if you are eligible for the Diversion program.

Assault & Battery
These are cases that involve the causing of physical injury or serious physical injury to another person. It includes Assault in the First, Second, Third and Fourth Degree. Other crimes include Criminal Mistreatment, Menacing, Harassment or Unlawful Use of a Weapon. Allegations involving family members or a spouse as an alleged victim are commonly referred to as "Domestic Violence Cases". Assault in the First and Second Degree are Measure 11 offenses.

Theft & Embezzlement
These cases involve the taking of property that belongs to another person, usually referred to as "stealing". It can include Aggravated Theft in the First Degree Theft in First, Second or Third Degree. These allegations are commonly referred to as "Property Crimes".

Forgery & Identity Theft
These cases involve some type of falsification of legal documents or some type of government identification. It can include Forgery in the First or Second Degree; Possession of a Forged Instrument; or Fraudulent Use of an Instrument. These allegations are commonly referred to as "Property Crimes".

Probation Violations
These cases involve allegations of violating a condition of probation. Probation can be either formal, involving a supervising probation officer, or an informal Court probation. Typically, before a person can be sanctioned for violating his or her probation, that person may need to appear in front of a judge to either admit or deny the alleged violation. Probation violation hearings can also be referred to as a "Show Cause Hearing".

Robbery
These cases involve the taking of another person's property by the use of force, threatened use of force or the actual use or threatened use of a weapon. It can include Robbery in First, Second or Third Degree. Robbery in the First and Second Degree are Measure 11 offenses.