Oregon Assault Charge Information from a Portland Oregon Criminal Defense Lawyer

David Lesh Oregon Defense Lawyer

David N Lesh

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Assault IV

Assault III

Assault II

Assault I

First Degree Assault

Second Degree Assault

Third Degree Assault

Fourth Degree Assault

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Assault One

Assault Two

Assault Three

Assault Four

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I just got arrested / cited for an Oregon assault charge. What happens now?

As a so-called person crime, assault charges are treated more seriously than many other charges. Often times, a person arrested for assault is booked into custody and brought before a judge the next business day. Sometimes though a person charged with a minor assault charge may be given a citation to appear in custody a few weeks down the road.

If you are charged with assault in the second degree or assault in the first degree, you will likely have a very high bail, because these are Measure 11 offenses. If you are unable to post bail, your attorney may be able to set a bail reduction hearing in an attempt to get a judge to lower your bail.

If you are released from custody after your arrest (whether on bail or on your own recognizance), be sure to read, understand, and obey any release agreement or release conditions. This is especially true of any "no contact order." Do not have contact, direct or indirect, with the complaining witness in the case or you risk being taken into custody. This can be difficult if the complaining witness is your spouse or significant other, but it is critically important. Your attorney may be able to request the judge to modify the no contact order at a later time.

What is the difference between the different assault charges?

The different assault charges are summarized in very general terms below. Please note that the charges are abbreviated as follows:

Assault in the fourth degree = Assault IV (referred to as "assault four");
Assault in the third degree = Assault III (referred to as "assault three");
Assault in the second degree = Assault II (referred to as "assault two"); and
Assault in the first degree = Assault I (referred to as "assault one").

CHARGE	CLASSIFICATION	HOW COMMITTED (most common way in bold)
Assault IV	Class A Misdemeanor or Class C Felony	―intentionally, knowingly or recklessly causes physical injury to another person; or ―with criminal negligence causes physical injury to another by means of a deadly weapon.
Assault III	Class C Felony	―recklessly causes serious physical injury to another by means of a deadly or dangerous weapon; or ―recklessly causes serious physical injury to another under circumstances manifesting extreme indifference to the value of human life; or ―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; or ―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; or ―while being aided by another person actually present, intentionally or knowingly causes physical injury to another; or ―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; or ―intentionally, knowingly or recklessly causes physical injury to an emergency medical technician or paramedic, while the technician or paramedic is performing official duties; or ―being at least 18 years of age, intentionally or knowingly causes physical injury to a child 10 years of age or younger; or ―knowing the other person is a staff member, intentionally or knowingly propels any dangerous substance at the staff member while the staff member is acting in the course of official duty or as a result of the staff member’s official duties; 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 II	Class B Felony Measure 11 Offense	―intentionally or knowingly causes serious physical injury to another; or ―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 I	Class A Felony Measure 11 Offense	―intentionally causes serious physical injury to another by means of a deadly or dangerous weapon; or ―intentionally or knowingly causes serious physical injury to a child under six years of age.

Keep in mind, this is only a general summary of the various assault charges.

What about "aggravated assault" or "assault with a deadly weapon?"

Oregon doesn't use those terms in this state's criminal code, although if someone is assaulted with a gun, the state may add the words "with a firearm" such as assault in the first degree with a firearm.

What is meant by "domestic violence?"

Domestic violence is a term that refers to abuse between family or household members. Accusations of assaults between family or household members are usually treated more seriously by the courts and the various DA's Offices than assaults between strangers. Your lawyer can explain more about domestic assaults.

Can I expunge or seal an assault conviction?

Some assault convictions are eligible to be expunged or sealed if you meet the eligibility requirements in the statutes. However, you cannot expunge a conviction for assault in the second degree or assault in the first degree. If you're found not guilty or the case is otherwise dismissed, you should be able to expunge the arrest record at some point.