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David N Lesh Attorney at Law No-Cost Consultation
434 NW 19th Avenue Portland, OR 97209 503.389.0610
434 NW 19th Avenue
Assault IV Assault III Assault II Assault I
First Degree Assault Second Degree Assault Third Degree Assault Fourth Degree Assault
State of Oregon
Multnomah County Clackamas County
Gresham
Circuit Court
Lawyers and Attorneys
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:
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. |
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