GUIDE TO OREGON ASSAULT CRIMES

I just got arrested / cited for an Oregon assault charge.  What happens now?

As a so-called person crime, assault charges are treated more seriously than many other charges.  Often times, a person arrested for assault is booked into custody and brought before a judge the next business day.  This is particularly true for a domestic assault or a felony assault charge.  Sometimes though a person charged with a minor assault charge (such as assault in the fourth degree) may be given a citation or release agreement to appear in custody a few weeks down the road.

If you are charged with assault in the second degree or assault in the first degree, you may be subject to a preventative detention hearing.  If the court finds that you're a danger, you may not be ordered held without the ability to post bail.

If you are released from custody after your arrest (whether on bail or on your own recognizance), be sure to read, understand, and obey any release agreement or release conditions.  This is especially true of any "no contact" order.  Do not have contact, direct or indirect, with the complaining witness in your case or you risk being taken into custody.  This can be difficult if the complaining witness is your spouse or significant other, but it is critically important.  Your attorney may be able to request the judge to modify the no contact order at a later time. 

What is the difference between the various Oregon assault charges?

There are four degrees of assault charges in Oregon.  The different assault charges are summarized in very general terms below.  Please note that the charges are abbreviated as follows: 

• Assault in the fourth degree = Assault IV (referred to as "assault 4");

• Assault in the third degree = Assault III (referred to as "assault 3");

• Assault in the second degree = Assault II (referred to as "assault 2"); and

• Assault in the first degree = Assault I (referred to as "assault 1").

Keep in mind, this is only a general summary of the various assault charges.  Another assault crime is Assaulting a Public Safety Officer or APSO.  You commit the crime of assaulting a public safety officer if you intentionally or knowingly causes physical injury to another person, knowing the other person to be a peace (police) officer, corrections officer, youth correction officer, parole and probation officer, animal control officer, firefighter or staff member, and while the public safety officer is acting in the course of official duty.  APSO is a Class C felony. 

Oregon criminal law does not use the term "battery" as some states do.  Oregon does not use the term "simple assault" either.  That would be similar to assault in the fourth degree.

How does assault in the fourth degree become a felony crime in Oregon?

Ordinarily a charge of assault in the fourth degree is a Class A misdemeanor; however, an assault in the fourth degree becomes a Class C felony if the defendant:

      (a) Has previously been convicted of assaulting the same victim;

      (b) Has previously been convicted at least three times of assault and all of the assaults involved domestic violence;

      (c) 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; or

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

What about "assault and battery," "aggravated assault" or "assault with a deadly weapon?"

Oregon doesn't use those terms in this state's criminal code, although if someone is assaulted with a gun, the state may add the words "with a firearm" such as assault in the first degree with a firearm.

What about the crime of "vehicular assault" in Oregon?

Oregon does have a distinct crime called vehicular assault which is found at ORS 811.060; however, it is rarely charged.  If you injure someone while recklessly (or intentionally) driving a vehicle (i.e. you're DUII) you generally face one of the assault charges outlined in the table above (usually Assault 4, Assault 3, or Assault 2).

If a defendant is convicted of an assault charge involves operating a vehicle the court must impose a license suspension or revocation depending on the offense.

What is meant by "domestic violence" in Oregon?

Domestic violence is a term that refers to abuse between family or household members.  Accusations of assaults between family or household members are usually treated more seriously by the courts and the various DA's Offices than assaults between strangers.  Your lawyer can explain more about domestic assaults.  Keep in mind that there is no crime in Oregon called "domestic violence" or "domestic assault."  The charges are the same as in the table above.

What is a civil compromise?

Certain crimes, including some assault crimes, may be compromised and dismissed if the complaining witness (victim) and the court (judge) agree. There is a formal process to apply to have charges dismissed pursuant to a civil compromise.  First, the complaining witness must acknowledge in writing that the person has received satisfaction for the injury.  Next, the court must be convinced that dismissal of the charge(s) pursuant to civil compromise is lawful and appropriate.  If both of these conditions are met, the court will sign an order dismissing the charge(s) pursuant to the civil compromise.

Several issues may affect the ability of a defendant to obtain a civil compromise.  Whether the DA objects, consents, or takes no position is a significant factor.  Also, if a defendant has a prior record or a prior civil compromise, getting the court to agree to a civil compromise may not be possible.  You cannot civilly compromise an assault involving family or household members (domestic violence), an assault in the first degree, an attempted assault in the first degree, or an assault in the second degree.

I was defending myself.  How can I be charged with assault?

Under Oregon law, "self defense" and "defense of others" and "defense of property" are valid defenses to assault (and some other) charges.  Ultimately, its up to the jury to determine if they feel the use of these defenses are an adequate defense to the crime charged.

Can I expunge or seal an Oregon assault conviction?

Some assault convictions are eligible to be expunged or sealed if you meet the eligibility requirements in the statutes.  You cannot expunge assault in the first degree convictions.

If you're found not guilty or the case is otherwise dismissed, you should be able to expunge the arrest record at some point.  Assaults involving domestic violence may be expunged if they are otherwise eligible.

What about an ATTEMPTED assault charge?

When a crime is listed as an "attempt" is lowers the crime one level meaning it is less serious than the underlying crime.  For example, while assault in the first degree is a class A felony, attempted assault in the first degree is a class B felony (and not subject to Ballot Measure 11 as is assault in the first degree).

How do I contact David Lesh for help with my assault case?

Mr. Lesh does not charge for an initial consultation.  Call his office at 503.546.2928 to speak with him.  Mr. Lesh's office is located at 434 NW 19th Avenue in Portland.