OREGON ASSAULT CRIMES GUIDE

OREGON STRANGULATION LAWS



David N Lesh
Oregon Criminal Defense Attorney
Oregon Super Lawyer 2018, 2019, 2020

Call today to speak with Mr. Lesh about your arrest 
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   ORS 163.187 Strangulation.

      (1) A person commits the crime of strangulation if the person knowingly impedes the normal breathing or circulation of the blood of another person by:

 

      (a) Applying pressure on the throat or neck of the other person; or

      (b) Blocking the nose or mouth of the other person.

 

      (2) Subsection (1) of this section does not apply to legitimate medical or dental procedures or good faith practices of a religious belief.

 

      (3) Strangulation is a Class A misdemeanor.

 

      (4) Notwithstanding subsection (3) of this section, strangulation is a Class C felony if:

      (a) The crime 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 the victim;

      (b) The victim is under 10 years of age;

      (c) During the commission of the crime, the person used, attempted to use or threatened to use a dangerous or deadly weapon, as those terms are defined in ORS 161.015, unlawfully against another;

      (d) The person has been previously convicted of violating this section or ORS 163.160, 163.165, 163.175, 163.185 or 163.190, or of committing an equivalent crime in another jurisdiction, and the victim in the previous conviction is the same person who is the victim of the current crime;

      (e) The person has at least three previous convictions for violating this section or ORS 163.160, 163.165, 163.175, 163.185 or 163.190 or for committing an equivalent crime in another jurisdiction, in any combination; or

      (f) The person commits the strangulation knowing that the victim is pregnant.

 

      (5) For purposes of subsection (4)(a) of this section, a strangulation is witnessed if the strangulation is seen or directly perceived in any other manner by the child. [2003 c.577 §2, 2011 c.666 §1; 2012 c.82 §1; 2015 c.639 §1]

 

POSSIBLE SENTENCE
Probation Usually
Jail Usually
Prison Rarely




About the Author: 

David Lesh is a Portland attorney emphasizing the defense of serious criminal charges.  He has been a member of the Oregon State Bar since 1990.  Mr. Lesh is a former Multnomah County prosecutor (5 years) and lawyer to the Portland Police Bureau (3 years).  He was named an Oregon Super Lawyer in 2018, 2019, and 2020.  His law practice has an A+ BBB rating.
Office Location:  434 NW 19th Avenue; Portland, OR  97209
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