Oregon Measure 11 Assault Criminal Defense Attorney
Serving All of Oregon, Portland, OR – Beaverton – Gresham
Being Charged with 1st or 2nd Degree Assault in Oregon
Being charged with 1st degree assault under Oregon’s Measure 11 is a charge that should not be taken lightly. Individuals convicted of this offense get a minimum of 7 years, 6 months in prison. Crimes that fall under Oregon’s Measure 11 Statute do not receive reduced sentences for good behavior, and if convicted of this offense they are not eligible for reduced sentences.
Why you need an experienced attorney if charged with 1st Degree Assault?
If you’ve been arrested for 1st Degree or 2nd Degree Assault in Oregon, you are facing serious criminal charges with substantial penalties that will include jail time if you are convicted. As with lesser assault charges, many 1st degree and 2nd degree assault charges stem from fights that just got out of hand. And just because you were the person arrested doesn’t mean you even started the confrontation.
There are many factors that go into successfully defending a charge of felony assault charges under Measure 11 in Oregon. Having an experienced Criminal Defense Attorney on your side can mean the difference between a long prison term, or your freedom. Attorney Robert L. Sepp has a special understanding of the legal rights of victims and the successful defense of those accused. He works diligently to protect the rights of his clients to the best possible end outcome.
For any accused defendant who decides to take a plea offer, It takes an experienced and created criminal defense attorney to find imaginative ways to get the distinct attorney to agree to a sentence outside of Measure 11 so that the defendant is eligible to receive good time credits and sentence reduction programs.
Measure 11 First Degree Assault Charges in Oregon
In Oregon, assault is defined as intentionally or recklessly causing injury to someone else, intentionally placing another person in reasonable danger of physical injury, or touching another individual with the intent to injure.
(1)A person commits the crime of assault in the first degree if the person:
(a)Intentionally causes serious physical injury to another by means of a deadly or dangerous weapon;
(b)Intentionally or knowingly causes serious physical injury to a child under six years of age;
(c)Violates ORS 163.175 (Assault in the second degree)knowing that the victim is pregnant; or
(d)Intentionally, knowingly or recklessly causes serious physical injury to another while operating a motor vehicle under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants) and:
(A)The person has at least three previous convictions for driving while under the influence of intoxicants under ORS 813.010 (Driving under the influence of intoxicants), or its statutory counterpart in any jurisdiction, in the 10 years prior to the date of the current offense; or
(B)(i) The person has a previous conviction for any of the crimes described in subsection (2) of this section, or their statutory counterparts in any jurisdiction; and
(ii)The victims death or serious physical injury in the previous conviction was caused by the person driving a motor vehicle.
(2)The previous convictions to which subsection (1)(d)(B) of this section apply are:
(a)Manslaughter in the first degree under ORS 163.118(Manslaughter in the first degree);
(b)Manslaughter in the second degree under ORS 163.125(Manslaughter in the second degree);
(c)Criminally negligent homicide under ORS 163.145(Criminally negligent homicide);
(d)Assault in the first degree under this section;
(e)Assault in the second degree under ORS 163.175 (Assault in the second degree); or
(f)Assault in the third degree under ORS 163.165 (Assault in the third degree).
(3)Assault in the first degree is a Class A felony.
(4)It is an affirmative defense to a prosecution under subsection (1)(d)(B) of this section that the defendant was not under the influence of intoxicants at the time of the conduct that resulted in the previous conviction. [1971 c.743 §94; 1975 c.626 §2; 1977 c.297 §1; 2005 c.513 §1; 2007 c.867 §3; 2009 c.785 §2]
Measure 11 Second Degree Assault
(1)A person commits the crime of assault in the second degree if the person:
(a)Intentionally or knowingly causes serious physical injury to another;
(b)Intentionally or knowingly causes physical injury to another by means of a deadly or dangerous weapon; or
(c)Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life.
(2)Assault in the second degree is a Class B felony. [1971 c.743 §93; 1975 c.626 §1; 1977 c.297 §2; 2005 c.22 §110]
Robert L. Sepp, attorney at law has many year’s experience with a wide range of crimes. Measure 11 has landed a lot of new faces in jail. He will fight for your continued freedom.
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Attorney Robert L. Sepp offers Free Defense Consultations for Select Cases. To qualify for a Free Legal Consultation, you must fill out the details of your case below which will be reviewed by Mr. Sepp to see if you qualify.