Nicholas Scott Hammann was booked at 2:27 PM on Saturday, May 22nd, 2021 by Portland Sheriff. Hammann was booked into Multnomah County Jail in Portland, Oregon.
The 35 year old male was arrested for suspicion of the below crimes:
No bail has been set for Hammann which is listed as a 6 ft 0 in white male weighing approximately 155 lbs.
Nicholas Scott Hammann was arrested in Multnomah County Oregon and Nicholas Scott Hammann 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.
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Oregon Sentencing Guidelines
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Below are the Oregon laws which may relate to this arrest:
Theft by receiving.
(1) A person commits theft by receiving if the person receives, retains, conceals or disposes of property of another knowing or having good reason to know that the property was the subject of theft.(2) It is a defense to a charge of violating subsection (1) of this section if:
(a) The person is a scrap metal business as defined in ORS 165.116 or an agent or employee of a scrap metal business;
(b) The person receives or retains metal property as defined in ORS 165.116; and
(c) The person makes a report in accordance with ORS 165.118 (3)(a).
(3) Receiving means acquiring possession, control or title, or lending on the security of the property. [1971 c.743 §129; 2009 c.811 §9]
Theft by deception.
(1) A person, who obtains property of another thereby, commits theft by deception when, with intent to defraud, the person:(a) Creates or confirms another’s false impression of law, value, intention or other state of mind that the actor does not believe to be true;
(b) Fails to correct a false impression that the person previously created or confirmed;
(c) Prevents another from acquiring information pertinent to the disposition of the property involved;
(d) Sells or otherwise transfers or encumbers property, failing to disclose a lien, adverse claim or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid, or is or is not a matter of official record; or
(e) Promises performance that the person does not intend to perform or knows will not be performed.
(2) Deception does not include falsity as to matters having no pecuniary significance, or representations unlikely to deceive ordinary persons in the group addressed. For purposes of this subsection, the theft of a companion animal, as defined in ORS 164.055, or a captive wild animal is a matter having pecuniary significance.
(3) In a prosecution for theft by deception, the defendant’s intention or belief that a promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed.
(4) In a prosecution for theft by deception committed by means of a bad check, it is prima facie evidence of knowledge that the check or order would not be honored if:
(a) The drawer has no account with the drawee at the time the check or order is drawn or uttered; or
(b) Payment is refused by the drawee for lack of funds, upon presentation within 30 days after the date of utterance, and the drawer fails to make good within 10 days after receiving notice of refusal. [1971 c.743 §128; 1991 c.837 §10; 2007 c.71 §49]
Aggravated theft in the first degree.
(1) A person commits the crime of aggravated theft in the first degree, if:(a) The person violates ORS 164.055 with respect to property, other than a motor vehicle used primarily for personal rather than commercial transportation; and
(b) The value of the property in a single or aggregate transaction is $10,000 or more.
(2) Aggravated theft in the first degree is a Class B felony. [1987 c.907 §5]
