OREGON ASSAULT CRIMES GUIDE

OREGON ASSAULT CRIME LAWS



David N Lesh
Oregon Assault Defense Attorney
Oregon Super Lawyer 2018, 2019, 2020, 2021, 2022

Call today to speak with Mr. Lesh about your assault charge
(503) 546-2928
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WHAT IS ASSAULT IN THE FOURTH DEGREE IN OREGON? 

   ORS 163.160 Assault in the fourth degree. [Known as Assault IV or Assault 4]

 

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

 

      (a) Intentionally, knowingly or recklessly causes physical injury to another;

 

      (b) With criminal negligence causes physical injury to another by means of a deadly weapon; or

 

      (c) With criminal negligence causes serious physical injury to another who is a vulnerable user of a public way, as defined in ORS 801.608, by means of a motor vehicle.

 

   (2) Assault in the fourth degree is a Class A misdemeanor.

 

   (3) Notwithstanding subsection (2) of this section, assault in the fourth degree under subsection (1)(a) or (b) of this section is a Class C felony if the person commits the crime of assault in the fourth degree and:

 

      (a) 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;

 

      (b) The person has been previously convicted of violating this section or ORS 163.165, 163.175, 163.185, 163.187 or 163.190, or of committing an equivalent crime in another jurisdiction, and the victim in the previous conviction is the same person who is the victim of the current crime;

 

      (c) The person has at least three previous convictions for violating this section or ORS 163.165, 163.175, 163.185, 163.187 or 163.190 or for committing an equivalent crime in another jurisdiction, in any combination; or

 

      (d) The person commits the assault knowing that the victim is pregnant.

 

   (4) If a person is convicted of misdemeanor assault in the fourth degree constituting domestic violence as an element of the crime as described ORS 132.586, the court shall ensure that the judgment document reflects that the conviction constitutes domestic violence.

 

   (5) For purposes of subsection (3) of this section, an assault is witnessed if the assault is seen or directly perceived in any other manner by the child. [1977 c.297 §5; 1997 c.694 §1; 1999 c.1073 §1; 2009 c.785 §3; 2015 c.639 §2; 2017 c.337 §1; 2021 c.581 §1]

 


POSSIBLE OREGON ASSAULT 4 SENTENCE
Probation Usually
Jail Often (prison possible only for felony Assault IV)
License 1 year suspension if vehicular assault
ORS 809.411(10)(d)
Class A misdemeanor or a C felony depending on circumstances

WHAT IS ASSAULT IN THE THIRD DEGREE IN OREGON? 

   ORS 163.165 Assault in the third degree. [Known as Assault III or Assault 3]

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

 

      (a) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon;

 

      (b) Recklessly causes serious physical injury to another under circumstances manifesting extreme indifference to the value of human life;

 

      (c) 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;

 

      (d) 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;

 

      (e) While being aided by another person actually present, intentionally or knowingly causes physical injury to another;

 

      (f) While committed to a youth correction facility, intentionally or knowingly causes physical injury to another knowing the other person is a staff member while the other person is acting in the course of official duty;

 

      (g) Intentionally, knowingly or recklessly causes physical injury to an emergency medical services provider, as defined in ORS 682.025, while the emergency medical services provider is performing official duties;

 

      (h) Being at least 18 years of age, intentionally or knowingly causes physical injury to a child 10 years of age or younger;

 

      (i) 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; or

 

      (j) Intentionally, knowingly or recklessly causes physical injury to a flagger or a highway worker while the flagger or highway worker is performing official duties.

 

      (2)(a) Assault in the third degree is a Class C felony.

 

      (b) Notwithstanding paragraph (a) of this subsection, assault in the third degree under subsection (1)(a) or (b) of this section is a Class B felony if:

 

      (A) The assault resulted from the operation of a motor vehicle; and

 

      (B) The defendant was the driver of the motor vehicle and was driving while under the influence of intoxicants.

 

      (3) As used in this section:

 

      (a) “Flagger” has the meaning given that term in ORS 811.230.

 

      (b) “Highway worker” has the meaning given that term in ORS 811.230.

 

      (c) “Staff member” means:

 

      (A) A corrections officer as defined in ORS 181A.355, a youth correction officer, a youth correction facility staff member, a Department of Corrections or Oregon Youth Authority staff member or a person employed pursuant to a contract with the department or youth authority to work with, or in the vicinity of, adults in custody, youths or adjudicated youths; and

 

      (B) A volunteer authorized by the department, youth authority or other entity in charge of a corrections facility to work with, or in the vicinity of, adults in custody, youths or adjudicated youths.

 

      (d) “Youth correction facility” has the meaning given that term in ORS 162.135. [1971 c.743 §92; 1977 c.297 §3; 1991 c.475 §1; 1991 c.564 §1; 1995 c.738 §1; 1997 c.249 §49; 1999 c.1011 §1; 2001 c.104 §50; 2001 c.830 §1; 2001 c.851 §4; 2009 c.660 §39; 2009 c.783 §3; 2011 c.529 §1; 2011 c.703 §27; 2017 c.658 §1; 2019 c.213 §119; 2021 c.489 §11]

 

      ORS 163.168 Crime category classification for assault in the third degree. The Oregon Criminal Justice Commission shall classify assault in the third degree that is committed under the circumstances described in ORS 163.165 (2)(b) as crime category 8 of the sentencing guidelines grid of the commission. [2009 c.660 §40]


POSSIBLE OREGON ASSAULT 3 SENTENCE
Probation Usually
Jail Usually, or . . .
Prison Sometimes
License 5 year suspension if vehicular assault
ORS 809.411(10)(c)
Class Either a Class C felony or a Class B felony depending on circumstances

WHAT IS ASSAULT IN THE SECOND DEGREE IN OREGON? 

   ORS 163.175 Assault in the second degree. [Known as Assault II or Assault 2]

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

   (a) Intentionally or knowingly causes serious physical injury to another;

   (b) Intentionally or knowingly causes physical injury to another by means of a deadly or dangerous weapon; or

   (c) 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.

   (2) Assault in the second degree is a Class B felony. [1971 c.743 §93; 1975 c.626 §1; 1977 c.297 §2; 2005 c.22 §110]


POSSIBLE OREGON ASSAULT 2 SENTENCE
Prison Often 70 months
License 8 year suspension if a vehicular assault
ORS 809.411(10)(b)
Class B felony

WHAT IS ASSAULT IN THE FIRST DEGREE IN OREGON? 

   ORS 163.185 Assault in the first degree. [Known as Assault I or Assault 1]

 

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

 

      (a) Intentionally causes serious physical injury to another by means of a deadly or dangerous weapon;

 

      (b) Intentionally or knowingly causes serious physical injury to a child under six years of age;

 

      (c) Violates ORS 163.175 knowing that the victim is pregnant; or

 

      (d) 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:

 

      (A) In the 10 years prior to the date of the current offense the person has been convicted of at least three of any of the following offenses in any combination:

 

      (i) Driving under the influence of intoxicants in violation of ORS 813.010, or its statutory counterpart in another jurisdiction;

 

      (ii) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving or operation of a vehicle, an aircraft or a boat due to the use of intoxicating liquor, cannabis, a controlled substance, an inhalant or any combination thereof; or

 

      (iii) An offense in another jurisdiction that involved driving or operating a vehicle, an aircraft or a boat while having a blood alcohol content above that jurisdiction’s permissible blood alcohol content; or

 

      (B)(i) 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

 

      (ii) The victim’s death or serious physical injury in the previous conviction was caused by the person driving a motor vehicle.

 

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

 

      (a) Manslaughter in the first degree under ORS 163.118;

      (b) Manslaughter in the second degree under ORS 163.125;

      (c) Criminally negligent homicide under ORS 163.145;

      (d) Assault in the first degree under this section;

      (e) Assault in the second degree under ORS 163.175; or

      (f) Assault in the third degree under ORS 163.165.

 

      (3) Assault in the first degree is a Class A felony.

 

      (4) 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. [1971 c.743 §94; 1975 c.626 §2; 1977 c.297 §1; 2005 c.513 §1; 2007 c.867 §3; 2009 c.785 §2; 2021 c.480 §5]


POSSIBLE OREGON ASSAULT 1 SENTENCE
Prison Usually 90 months
License Permanent revocation if vehicular assault
ORS 809.235(1)(a)
Class A felony

WHAT IS ASSAULTING A PUBLIC SAFETY OFFICER (APSO) IN OREGON? 

   ORS 163.208 Assaulting a public safety officer. 

 

   (1) A person commits the crime of assaulting a public safety officer if the person intentionally or knowingly causes physical injury to the other person, knowing the other person to be a peace officer, corrections officer, youth correction officer, parole and probation officer, animal control officer, firefighter or staff member, and while the other person is acting in the course of official duty.

 

   (2) Assaulting a public safety officer is a Class C felony.

 

   (3)(a) Except as otherwise provided in paragraph (b) of this subsection, a person convicted under this section shall be sentenced to not less than seven days of imprisonment and shall not be granted bench parole or suspension of sentence nor released on a sentence of probation before serving at least seven days of the sentence of confinement.

 

      (b) A person convicted under this section shall be sentenced to not less than 14 days of imprisonment and shall not be granted bench parole or suspension of sentence nor released on a sentence of probation before serving at least 14 days of the sentence of confinement if the victim is a peace officer.

 

   (4) As used in this section:

 

      (a) “Animal control officer” has the meaning given that term in ORS 609.500; and

 

      (b) “Staff member” means:

 

      (A) A corrections officer as defined in ORS 181A.355, a youth correction officer, a Department of Corrections or Oregon Youth Authority staff member or a person employed pursuant to a contract with the department or youth authority to work with, or in the vicinity of, adults in custody or adjudicated youths; and

 

      (B) A volunteer authorized by the department, youth authority or other entity in charge of a corrections facility to work with, or in the vicinity of, adults in custody or adjudicated youths. [1981 c.783 §2; 1993 c.14 §21; 1993 c.358 §1; 1995 c.651 §4; 1999 c.1040 §14; 2001 c.104 §51; 2001 c.828 §1; 2003 c.327 §1; 2019 c.213 §120; 2021 c.489 §12]

 

POSSIBLE OREGON APSO SENTENCE
Probation Usually
Jail Yes, or . . .
Prison Sometimes
Class C felony

   ORS 811.060 Vehicular Assault; penalty. 

    (1) For the purposes of this section, “recklessly” has the meaning given that term in ORS 161.085.


   (2) A person commits the offense of vehicular assault if:


       (a) The person recklessly operates a vehicle upon a highway in a
manner that results in contact between the person’s vehicle and:


          (A) A bicycle operated by a person;
          (B) A person operating a bicycle;
          (C) A motorcycle operated by a person;
          (D) A person operating a motorcycle;
          (E) A passenger on a motorcycle; or
          (F) A pedestrian; and


       (b) The contact causes physical injury to the person operating a bicycle, the person operating a motorcycle, the passenger on a motorcycle or the pedestrian.


   (3) The offense described in this section, vehicular assault, is a Class A misdemeanor. [2001 c.635 §5; 2017 c.388 §1]






Assault in the second degree and assault in the first degree are Ballot Measure 11 felonies and come with lengthy prison sentences if convicted of the charge.  Lesser assault charges often come with prison time but sometimes conviction results in probation and local jail time.


About the Author: 

David Lesh is a Portland attorney emphasizing the defense of serious criminal charges.  He has been a member of the Oregon State Bar since 1990.  Mr. Lesh is a former Multnomah County prosecutor (5 years) and lawyer to the Portland Police Bureau (3 years).  He was named an Oregon Super Lawyer in each year froom 2018 - 2022.  His law practice has an A+ BBB rating.
Office Location:  434 NW 19th Avenue; Portland, OR  97209
Phone:  503.546.2928   |   Fax:  503.296.2935
Email: info @ davidlesh.net (no spaces)

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Call me today at 503.546.2928 for immediate assistance with your assault case."

Thirty plus years as an Oregon attorney
Former Multnomah County assault prosecutor
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2018- 2022 Oregon Super Lawyer
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"Should you hire me to represent you on your assault charge, I will be your lawyer and point of contact.
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