With a very broad scope, assault in Oregon has an assortment of definitions, charges, and consequences. From recklessly harming an individual to intentionally abusing a person, assault has four different levels of seriousness. The severity of the punishment for these cases is measured by the court and dependent on each situation.
Assault in the First Degree in Oregon
The most severe of all assault levels is assault in the first degree in Oregon. Offenders can be charged with this for various reasons. The person could have intentionally physically hurt another person with a deadly weapon. If the victim was a child under six years old or was a person physically injured from a motor vehicle, this will also meet the requirements of the charge. DUI cases will fall under this category. Assault in the first degree in Oregon is a Class A felony.
Assault in the Second Degree in Oregon
In cases resulting in assault in the second degree in Oregon, there are a few specifications. The offender could have intentionally or knowingly caused grave physical harm to another individual with either physical force or with the aid of a dangerous weapon. Also stated in the law is that the accused must have demonstrated “extreme indifference to the value of human life.” Whether the latter means that someone carelessly put another life in imminent danger or beat an individual senseless with brute force, it varies case by case. Assault in the second degree in Oregon is a Class B felony.
Assault in the Third Degree in Oregon
It gets quite wordy with expounding assault in the third degree in Oregon. Because there are many different reasons for third degree assault, it’s simpler to list them as they are in ORS 163.165. In condensed terms, the reason for the assault charge would include one of the following:
- Recklessly causing serious physical harm to another with a dangerous weapon.
- Recklessly causing grave physical injury to another exhibiting extreme indifference to the value of human life.
- Recklessly physically harming another individual by means of a dangerous weapon demonstrating extreme indifference to the value of human life.
- Intentionally, knowingly, or recklessly causing (without the means of a motor vehicle) physical injury to the operator of a public transportation vehicle while the vehicle was in motion.
- Being assisted by someone else present while intentionally or knowingly causing physical harm to another.
- While the offender was committed to a youth correction facility, they were intentionally or knowingly causing physical harm to another with complete awareness that the latter was a staff member or authority figure.
- Intentionally, knowingly, or recklessly causing physical harm to an emergency medical services provider while the latter was performing official duties.
- Being at least 18 years old while intentionally or knowingly causing physical harm to a child 10 years old or younger.
- Intentionally, knowingly, or recklessly causing (without the means of a motor vehicle) physical injury to the operator of a taxi while the vehicle was in motion.
Assault in the third degree in Oregon is typically a Class C felony.
Assault in the Fourth Degree in Oregon
There are only two qualifications for assault in the fourth degree in Oregon. The person could have intentionally, knowingly, or recklessly done something which resulted in physical harm to another person. Otherwise, the offender acted with criminal negligence and caused physical injury to another individual by means of a dangerous weapon. Assault in the fourth degree in Oregon is typically a Class A misdemeanor.
Examples of Assault in Oregon
In early July 2017, Charles Jackson began eluding police in the company of his underage girlfriend. He has been accused of beating his girlfriend and shooting a neighbor in the leg while searching for the escaped minor. In addition to other charges, Jackson is being pursued for the charges of first and second degree assault as well as attempted murder.
On June 9th, 2017, three young women were arrested after assaulting a TriMet bus driver in Oregon. According to reports, the trio of women boarded the bus and shortly thereafter pepper sprayed and spit on the bus driver’s face. The eldest, Jada Thompson, has been accused of third degree assault amidst other charges. The other two women were minors who received charges of second degree disorderly conduct and unlawful use of pepper spray.
Assault Criminal Charges in Oregon
Due to the different nature of each assault charge, the consequences will vary. First degree assault in Oregon is a Class A felony which will result in punishment of up to 20 years in prison and fines up to $375,000. Second degree assault in Oregon is a Class B felony which will accrue up to 10 years in jail and fines up to $250,000. Third degree assault in Oregon is a Class C felony which has consequences of up to 5 years of jail time and up to $125,000 in fines. Assault in the fourth degree results in up to one year in prison and fines reaching up to $6,250.
If you’ve been accused of assault in any degree, call an experienced defense attorney. Assault is a severe charge and the consequences attached are serious. Ensure that you have a skillful attorney on your side.