Assault is a serious criminal charge no matter where you live. But when you are charged with assault in Oregon, you need an Oregon defense lawyer on your side, someone local who knows the laws and understands how the local courts operate. These charges carry potentially life changing penalties. Let us put you in touch with a local criminal defense lawyer today.
In Oregon, assault laws are classified according to seriousness by degrees. The most serious of assault charges is 1st degree assault and the least serious is 4th degree.
Oregon Assault Laws & Penalties
Fourth Degree Assault
In most situations, this offense is a Class A misdemeanor. This means it can carry up to one year in jail and a fine reaching $6,250. If you commit this offense in front of a child or if you have prior assault convictions, your fourth degree assault offense could be elevated to a Class C felony. Class C felonies can carry up to 5 years in prison and fines reaching $125,000.
You could be accused of fourth degree assault if it’s believed that you intentionally, knowingly, or recklessly caused physical injury to someone or caused injury with a deadly weapon through negligence.
Third Degree Assault
Assault in the 3rd degree is considered a Class C felony. This means if you are found guilty, you could face a sentence of up to 5 years in prison and $125,000 in fines.
In order to be convicted of this offense, however, the prosecution would have to prove beyond a reasonable doubt that you:
- Recklessly caused serious physical injury to someone under circumstances “manifesting extreme indifference to the value of human life,”
- Recklessly caused serious physical injury to someone with a deadly or dangerous weapon,
- Intentionally, knowingly, or recklessly caused injury to a driver of public transit or a taxi when you are not operating a vehicle yourself,
- Intentionally, knowingly, or recklessly caused injury to an EMS technician or paramedic, or
- Intentionally or knowingly caused injury to a child under 10 years old.
Second Degree Assault
Simply defined, assault in the 2nd degree is when you are believed to have intentionally or knowingly caused serious physical injury to someone or caused serious physical injury with a deadly or dangerous weapon.
This offense is classified as a Class B Felony and carries up to 10 years in prison and fines reaching $250,000.
First Degree Assault
The most serious of all assault offenses, assault in the first degree is considered a Class A felony. This level of felony offense can result in up to 20 years in prison and fines reaching $375,000.
First degree assault charges could apply when it’s believed that you:
- Intentionally caused serious physical injury to someone with a deadly or dangerous weapon,
- Intentionally or knowingly caused serious physical injury to a child under 6 years old,
- Intentionally, knowingly, or recklessly caused serious physical injury to another while driving under the influence when you have at least three prior DWI convictions.
Ref: Oregon Rev. Statutes §163.160-185
If you are facing assault charges in Oregon, we can help. Contact us today to be put in touch with a local criminal defense attorney.