Being charged with the crime of Assault is very serious. Our criminal justice system is not set up to protect you.
The local prosecutor has to get as many convictions and guilty pleas as possible. Public defenders are overworked and underpaid. If you are being charged with Assault in Oregon, you need a skilled criminal defense attorney. We work hard to help you get the best possible result.
We know the system is stacked against you. That's why we offer free consultation with a criminal defense attorney for assault.
Oregon Criminal Assault Charges
In Oregon, assault laws are categorized by degrees.
- Assault in the First Degree = Assault I
- Assault in the Second Degree = Assault II
- Assault in the Third Degree = Assault III
- Assault in the Fourth Degree = Assault IV
Under the Oregon law passed in 1994, called Measure 11, being convicted of a serious felony means you will serve a mandatory minimum prison sentence between 70 and 300 months, with no possibility of early release.
Assault I and Assault II are Measure 11 crimes.
If you have been accused of a sexual assault crime, get information on sexual assault criminal defense.
Assault I Criminal Charges
Assault in the First Degree is a Class A Felony. The charges may result from:
- Intentionally causing serious physical injury using a dangerous weapon,
- Intentionally causing serious physical injury to a child under 6;
- Knowingly inflicting Assault II upon a pregnant woman;
- Intentionally, knowingly, or recklessly causing serious physical injury while driving under the influence, with 3 or more DUI convictions, or other assault convictions.
In Oregon, Assault I is a Measure 11 offense.
If you are convicted of Assault I, you will face up to 20 years in prison, and up to $375,000 in fines. You should speak to a sexual assault criminal defense lawyer as soon as possible.
Oregon Law for Assault in the First Degree: ORS 163.185
Assault II Criminal Charges
Assault in the Second Degree is a Class B Felony. The charges may result from:
- Intentionally or knowingly causing serious physical injury to someone;
- Intentionally causing serious physical injury using a deadly or dangerous weapon;
- Recklessly causing serious physical injury using a dangerous weapon.
In Oregon, Assault II is a Measure 11 offense.
If you are found guilty of Assault II, you will face up to 10 years in prison, and up to $250,000 in fines. Bail for an Assault II charge is usually very high; a criminal defense lawyer may be able to get you a bail reduction hearing.
Oregon Law for Assault in the Second Degree: ORS 163.175
Assault III Criminal Charges
Assault in the Third Degree is a Class C Felony. Assault III charges may result from:
- Recklessly causing serious physical injury using a deadly or dangerous weapon;
- Recklessly causing serious physical injury to someone under circumstances “manifesting extreme indifference to the value of human life,”
- Intentionally or knowingly causing injury to a child under 10.
- Intentionally, knowingly, or recklessly causing injury to an emergency service provider, a highway flagger, or to a public transit drive or taxi driver (if you are not driving a vehicle yourself).
Some Assault III charges are considered Class B felonies, if you were driving a vehicle and under the influence of drugs or alcohol.
If you are found guilty of Assault III, you face up to five years in prison, and up to $125,000 in fines.
Oregon Law for Assault in the Third Degree: ORS 163.165
Assault IV Criminal Charges
Assault in the Fourth Degree is usually a Class A misdemeanor. Assault IV charges may result from:
- Intentionally, knowingly or recklessly causing physical injury by means of a deadly weapon;
- Causing serious physical injury due to criminal neglience in a car accident.
An Assault IV charge might be considered a Class C felony, if the incident was intentional, if you have any prior convictions, or if there was a minor child present during the alleged incident.
If you are convicted of an Assault IV Class A misdemeanor, you could spend up to 364 days in jail, and pay up to $6,250 in fines.
Oregon Law for Assault in the Fourth Degree: ORS 163.165
Consult a Criminal Defense Attorney for Assault Charges
If you are facing life-changing criminal charges in Oregon, get help as soon as possible. The faster you act, the more we can do to protect your legal rights. Set up a free consultation with a criminal defense attorney.