Assault Lawyer in West Linn & Portland Metro Area

Protecting Your Rights Against Criminal Charges in Oregon

If you’ve been arrested for assault, battery, aggravated assault or aggravated battery, you are facing serious criminal charges with substantial penalties that can include jail time if you are convicted. As with domestic violence charges, many assault and/or battery charges stem from fights that just got out of hand. Also, 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 assault and/or battery. 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.

Types of Assault Charges In Oregon

Assault In The Fourth Degree

A person commits the crime of assault in the fourth degree if they:

• Intentionally, knowingly or recklessly cause physical injury to another
• (With criminal negligence) cause physical injury to another by means of a deadly weapon

Assault in the fourth degree is a Class A misdemeanor.

Assault in the fourth degree is a Class C felony if the person commits the crime of assault in the fourth degree and one of the following has occurred:

• The person has previously been convicted of assaulting the same victim
• The person has previously been convicted at least three times under this section or under equivalent laws of another jurisdiction and all the assaults involved domestic violence, as defined in Oregon Revised Statute (ORS) 135.230
• The assault is committed in the immediate presence of or is witnessed by the person’s or the victim’s minor child or stepchild or a minor child residing within the household of the person or victim
• The person commits the assault knowing that the victim is pregnant

According to ORS 163.165, a person commits the crime of assault in the third degree if they:

• Recklessly cause serious physical injury to another by means of a deadly or dangerous weapon
• Recklessly cause serious physical injury to another under circumstances manifesting extreme indifference to the value of human life
• Recklessly cause physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life
• Intentionally, knowingly or recklessly cause, by means other than a motor vehicle, physical injury to the operator of a public transit vehicle while the operator is in control of or operating the vehicle. As used in this paragraph, “public transit vehicle” has the meaning given that term in ORS 166.116.
• While being aided by another person actually present, intentionally or knowingly cause physical injury to another
• While committed to a youth correction facility, intentionally or knowingly cause physical injury to another knowing the other person is a staff member of a youth correction facility while the other person is acting in the course of official duty
• Intentionally, knowingly or recklessly cause physical injury to an emergency medical technician, as defined in ORS 682.025, or a paramedic while the emergency medical technician or paramedic is performing official duties
• Are at least 18 years of age and intentionally or knowingly cause physical injury to a child 10 years of age or younger
• Intentionally, knowingly or recklessly cause, by means other than a motor vehicle, physical injury to the operator of a taxi while the operator is in control of the taxi

Assault in the third degree is a Class C felony, but it can be charged as a Class B felony if both of the following occurred:

• The assault resulted from the operation of a motor vehicle
• The defendant was the driver of the motor vehicle and was driving while under the influence of intoxicants

A person commits the crime of assault in the second degree if they:

• Intentionally or knowingly cause serious physical injury to another
• Intentionally or knowingly cause physical injury to another by means of a deadly or dangerous weapon
• Recklessly cause serious physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life

Assault in the second degree is a Class B felony.

Assault In The First Degree

A person commits the crime of assault in the first degree if they:

• Intentionally cause serious physical injury to another by means of a deadly or dangerous weapon
• Intentionally or knowingly cause serious physical injury to a child under six years of age
• Violate ORS 163.175 knowing that the victim is pregnant
• Intentionally, knowingly or recklessly cause serious physical injury to another while operating a motor vehicle under the influence of intoxicants in violation of ORS 813.010 and have at least three previous convictions for driving while under the influence of intoxicants in any jurisdiction in the 10 years prior to the date of the current offense
• Intentionally, knowingly or recklessly cause serious physical injury to another while operating a motor vehicle under the influence of intoxicants in violation of ORS 813.010 and have a previous conviction for any of the crimes described in subsection 2 of this section or their statutory counterparts in any jurisdiction and the victim’s death or serious physical injury in the previous conviction was caused by the person driving a motor vehicle

The previous convictions to which subsection (1)(d)(B) of this section apply are:

• Manslaughter in the first degree under ORS 163.118
• Manslaughter in the second degree under ORS 163.125
• Criminally negligent homicide under ORS 163.145

Assault in the first degree under this section:

• Assault in the second degree under ORS 163.175 or assault in the third degree under ORS 163.165

Assault in the first degree is a Class A felony.

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.

Why Seek The Help Of An Experienced Assault Charges Attorney?