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Assault

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Assault in Oregon

Under Oregon Law there are four different types of assault: Assault I, Assault II, Assault III, and Assault IV. Assault IV is further subdivided into Assault IV felony and Assault IV misdemeanor. Assault in the First, Second, and Third Degree are felonies. Misdemeanor assault is the least serious and has the smallest penalties while Assault I is the most serious and has the highest penalties.

While each type of Assault charge is different they all share two common elements:

Physical

Physical injury or serious physical injury

Mental

A mental state like negligently, reckless, knowingly, or intentionally

The Oregon assault statutes are extremely convoluted and complicated. The difference between the different levels is usually a combination of the mental state alleged, the injury alleged, the presence or absence of a weapon, or the age of the complainant.

Physical Injury

  • "Impairment of physical condition": harm to the body that results in a reduction in one's ability to use the body or a bodily organ.
  • "Substantial pain": pain must be ample, not fleeting or inconsequential.
  • Pain, swelling, and bruising in eye area.
  • A pillow being held over one’s face impairing ability to breathe.
  • Pain that makes walking or lifting small objects more difficult.
  • Pain for at least an hour after the incident, a swollen eye, a "popped shoulder" as well as a hurt elbow and back.Pain, swelling, and bruising in eye area.
  • A pillow being held over one's face impairing ability to breathe.
  • Pain that makes walking or lifting small objects more difficult.
  • Pain for at least an hour after the incident, a swollen eye, a "popped shoulder" as well as a hurt elbow and back.

Serious Physical Injury

Serious physical injury means physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

  • Permanent scarring in a visible place
  • Injury requiring surgery to repair

Types of Assault

Assault IV

(ORS 163.130)

  • Intentionally, knowingly, or recklessly causes physical injury to another person.
  • With criminal negligence causes physical injury to another person with a deadly weapon.

Assault III

(ORS 163.165)

  • Recklessly causes serious physical injury to another person with a deadly or dangerous weapon.
  • Recklessly causes serious physical injury to another person (with or without a deadly or dangerous weapon) under circumstances manifesting extreme indifference to the value of human life.
  • Intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a public transit vehicle or a taxi while the operator is in control of or operating the vehicle.
  • While being aided by another person actually present, intentionally or knowingly causes physical injury to another.
  • Intentionally, knowingly or recklessly causes physical injury to an emergency medical services provider, while the emergency medical services provider is performing official duties.
  • Being at least 18 years of age, intentionally or knowingly causes physical injury to a child 10 years of age or younger.

Assault II

(ORS 163.175)

  • Intentionally or knowingly causes serious physical injury to another with or without a deadly or dangerous weapon.
  • 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.

Assault I

(ORS 163.185)

  • Intentionally causes serious physical injury to another by means of a deadly or dangerous weapon.
  • Intentionally or knowingly causes serious physical injury to a child under six years of age.
  • Commits an assault II on someone who they know to be pregnant.
  • Intentionally, knowingly, or recklessly causes serious physical injury to another while operating a motor vehicle under the influence of intoxicants and has at least three other DUII convictions in the last ten years, or if you have previously been convicted of assault, manslaughter, or criminally negligent homicide.

What to do next?

Oregon Assault law is complex and the results of your case will have a dramatic impact on the rest of your life.

In cases like these, where years are on the line, you need expert help in choosing and executing the best defense. You can’t navigate these difficult decisions without the help of an experienced professional attorney. Call Barry W. Engle PC. We will help you decide the best course of action. If there is a defense, we will find it, if there is a program that will benefit you, we will get you into it. Call 503-224-2171 today.