Assault Defense Attorney

PORTLAND OR ○ BEAVERTON ○ HILLSBORO OREGON

Assault Attorney in portland or and beaverton oregonIf you’ve been arrested for Assault or Aggravated Assault,, 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 harassment. In Oregon, assault is defined as intentionally, knowingly or recklessly causing physical injury to someone else. Harassment is intentionally subjecting another person to offensive physical contact.

Experience counts when successfully defending an assault charge in Oregon. It often requires strong investigative tactics and a carefully executed legal strategy. Assault cases are delicate, and warrant an experienced level of legal representation, as the penalties can be harsh.

Assault in the fourth degree 

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

  • Intentionally, knowingly or recklessly causes physical injury to another; or
  • With criminal negligence causes physical injury to another by means of a deadly weapon.

Assault in the fourth degree is generally a Class A misdemeanor, however, Assault in the fourth degree is a Class C felony if the person commits the crime of assault in the fourth degree and:

  • 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 of the assaults involved domestic violence, as defined in 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; or
  • The person commits the assault knowing that the victim is pregnant.

Assault in the second degree

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

  • Intentionally or knowingly causes serious physical injury to another;
  • Intentionally or knowingly causes physical injury to another by means of a deadly or dangerous weapon; or
  • 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.

Assault in the second degree is a Class B felony.

Assault in the third degree.

A person commits the crime of assault in the third degree if the person:

  • Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon;
  • Recklessly causes serious physical injury to another under circumstances manifesting extreme indifference to the value of human life;
  • Recklessly causes 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 causes, 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 causes physical injury to another;
  • While committed to a youth correction facility, intentionally or knowingly causes 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 causes 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;
  • Being at least 18 years of age, intentionally or knowingly causes physical injury to a child 10 years of age or younger; or
  • Intentionally, knowingly or recklessly causes, 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:

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

Assault in the first degree 

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

  • Intentionally causes serious physical injury to another by means of a deadly or dangerous weapon;
  • Intentionally or knowingly causes serious physical injury to a child under six years of age;
  • Violates ORS 163.175 knowing that the victim is pregnant; or
  • 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 and:
  • The person has at least three previous convictions for driving while under the influence of intoxicants under ORS 813.010, or its statutory counterpart in any jurisdiction, in the 10 years prior to the date of the current offense; or
  • 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
  • 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.

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.

Assault in the first degree is a Class A felony.