Have you been charged with an Assault offense in Oregon? In Oregon, assault covers a wide range of violent offenses against another person. These range from Assault in the 4th Degree to Assault in the 1st Degree. An assault conviction could have collateral consequences beyond the penalties for the underlying offense and can follow someone even past completion of the court’s sentence, such as damage to your reputation and other personal relationships. You could also face additional consequences if you are ever charged with another crime of violence against someone in the future. What constitutes Assault in the 4th Degree?
- Intentionally or recklessly causing any physical injury to another person;
- Negligently causing physical injury to another with a deadly weapon, such as a gun or a knife; or
- While operating a motor vehicle, negligently causing serious physical injury to a pedestrian, highway worker, person riding an animal, bicyclist, skateboarder, roller-skater, or other person who is using a public way, crosswalk, or road shoulder.
Assault in the 4th Degree may become even more severe if:
- The assault was done in the presence of a child;
- You have been previously convicted of an assault against the same person;
- You have at least three prior convictions for certain violent offenses; or
- The person who was assaulted was pregnant.
What constitutes Assault in the 3rd Degree?
- Recklessly causing serious physical injury to another person by means of a deadly or dangerous weapon such as a gun or knife;
- Recklessly causing serious physical injury to another person by acting in a way that shows extreme indifference to the value of human life;
- Recklessly causing any physical injury by means of a deadly weapon while manifesting extreme indifference to the value of human life;
- Intentionally, knowingly, or recklessly causing any physical injury to the operator of a public transit vehicle while they are operating that vehicle, by means other than a motor vehicle;
- When you are aided by another person with you when you knowingly cause any physical injury to another person;
- Knowingly causing any physical injury to a staff member at a youth correctional facility while they are on the job;
- Intentionally, knowingly, or recklessly causing any physical injury to an emergency medical service provider while they are on the job;
- If you are at least 18 and intentionally or knowingly cause physical injury to a child 10 or younger;
- Intentionally or recklessly causing any physical injury to a taxi driver while they are in control of their vehicle, by means other than a motor vehicle; or
- Intentionally, knowingly, or recklessly causing any physical injury to a flagger or highway worker while they are on the job.
Assault in the 3rd Degree may become even more severe if:
- The assault resulted from the operation of a motor vehicle; and
- The person who caused the injury was driving while under the influence of intoxicants, which could include alcohol, marijuana, and certain prescription medications.
What constitutes Assault in the 2nd Degree?
- Intentionally or knowingly causing serious physical injury to another;
- Intentionally or knowingly causing physical injury to another by means of a deadly or dangerous weapon such as a gun or knife; or
- Recklessly causing serious physical injury to another by means of a deadly or dangerous weapon under circumstances that show extreme indifference to the value of human life.
What constitutes Assault in the 1st Degree?
- Intentionally causing serious physical injury to another person by means of a deadly or dangerous weapon such as a gun or knife;
- Intentionally or knowingly causing serious physical injury to a child under the age of six years;
- Caused any injury that would normally be Assault in the 2nd degree, but the person injured was pregnant at the time of the injury; or
- Intentionally, knowingly, or recklessly cause physical injury to another while operating a motor vehicle under the influence of intoxicants, and you have certain prior convictions.
In addition to these four categories of assault, there are other offenses of more specific acts, including but not limited to:
- Strangulation
- Hazing by a student organization;
- Criminal Mistreatment;
- Reckless Endangerment;
- Menacing another person;
- Endangering someone protected by a restraining order; or
- Assisting the suicide of another person.
These more particularized charges will have their own specific criteria.
If you have been accused of a crime, please call us.