Josiah Alberto Cervantes was arrested on Thursday, October 31st 2019 and booked into Marion County Jail in Salem, Oregon.
The male arrested was listed as having a date of birth of and was arrested for suspicion of the below crimes:
ROBBERY I
ROBBERY I ATTEMPT
UNLAWFUL USE OF A WEAPON
UNLAWFUL USE OF A WEAPON
MENACING
MENACING
THEFT II
ROBBERY I
UNLAWFUL USE OF A WEAPON
UNLAWFUL USE OF A WEAPON
MENACING
MENACING
THEFT III
Cervantes is listed as a 5 ft 4 inch white male weight approximately 150 pounds.
Josiah Alberto Cervantes was arrested in Marion County Oregon and Josiah Alberto Cervantes has a presumption of innocence which means that although the person was arrested, they are presumed innocent until proven guilty in a court of law. Presumption of innocence” serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt (or some other level of proof depending on the criminal justice system) and that the accused bears no burden of proof. For more information in presumption of innocence, wikipedia is a great place to start.
This information is made available by the local sheriff’s office near Marion County Oregon. For more regarding the Marion County Sheriffs department you can visit their website. They can also be contact them at their contact us page.
Josiah Alberto Cervantes is presumed innocent until proven guilty.
Oregon Sentencing Guidelines
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Below are the Oregon laws which may relate to this arrest:
Robbery in the first degree.
(1) A person commits the crime of robbery in the first degree if the person violates ORS 164.395 and the person:(a) Is armed with a deadly weapon;
(b) Uses or attempts to use a dangerous weapon; or
(c) Causes or attempts to cause serious physical injury to any person.
(2) Robbery in the first degree is a Class A felony. [1971 c.743 §150; 2007 c.71 §51]
Unlawful use of weapon.
(1) A person commits the crime of unlawful use of a weapon if the person:(a) Attempts to use unlawfully against another, or carries or possesses with intent to use unlawfully against another, any dangerous or deadly weapon as defined in ORS 161.015; or
(b) Intentionally discharges a firearm, blowgun, bow and arrow, crossbow or explosive device within the city limits of any city or within residential areas within urban growth boundaries at or in the direction of any person, building, structure or vehicle within the range of the weapon without having legal authority for such discharge.
(2) This section does not apply to:
(a) Police officers or military personnel in the lawful performance of their official duties;
(b) Persons lawfully defending life or property as provided in ORS 161.219;
(c) Persons discharging firearms, blowguns, bows and arrows, crossbows or explosive devices upon public or private shooting ranges, shooting galleries or other areas designated and built for the purpose of target shooting;
(d) Persons lawfully engaged in hunting in compliance with rules and regulations adopted by the State Department of Fish and Wildlife; or
(e) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife.
(3) Unlawful use of a weapon is a Class C felony. [Amended by 1975 c.700 §1; 1985 c.543 §1; 1991 c.797 §1; 2009 c.556 §5]
Menacing.
(1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury.(2) Menacing is a Class A misdemeanor. [1971 c.743 §95]
Theft in the second degree.
(1) A person commits the crime of theft in the second degree if:(a) By means other than extortion, the person commits theft as defined in ORS 164.015; and
(b) The total value of the property in a single or aggregate transaction is $100 or more and less than $1,000.
(2) Theft in the second degree is a Class A misdemeanor. [1971 c.743 §124; 1987 c.907 §3; 1993 c.680 §19; 2009 c.11 §12; 2009 c.16 §2]
Theft in the third degree.
(1) A person commits the crime of theft in the third degree if:(a) By means other than extortion, the person commits theft as defined in ORS 164.015; and
(b) The total value of the property in a single or an aggregate transaction is less than $100.
(2) Theft in the third degree is a Class C misdemeanor. [1987 c.907 §2; 2009 c.11 §11; 2009 c.16 §1]
