Assault and Domestic Violence - Criminal Defense - for Marion, Polk, and Linn County

Menacing

A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury.  Menacing is a Class A misdemeanor.

Strangulation

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. Strangulation is a Class A misdemeanor.

Assault in the fourth degree

 A person commits the crime of assault in the fourth degree if the person intentionally, knowingly or recklessly causes physical injury to another; or with criminal negligence causes physical injury to another by means of a deadly weapon.  Assault in the fourth degree is a Class A misdemeanor.  The maximum penalty is 1 year in jail, and a $6,250 fine.  Assault in the fourth degree is a Class C felony if the person commits the crime of assault in the fourth degree and: (a) the person has previously been convicted of assaulting the same victim; (b) the person has previously been convicted at least three times of Assault in the fourth degree or equivalent laws of another jurisdiction 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.

 Assault in the third degree

 A person commits the crime of assault in the third degree if the person: (a) recklessly causes serious physical injury to another by means of a deadly or dangerous weapon; (b) recklessly causes serious physical injury to another under the circumstances manifesting extreme indifference to the value of human life; (c) recklessly causes physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life; (d) intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a public transit vehicle while the operator is in control of or operating the vehicle; (e) while being aided by another person actually present, intentionally or knowingly causes physical injury to another; (f) while committed to a youth correctional facility, intentionally or knowingly causes physical injury to another knowing the other person is a staff member of a youth correctional facility while the other person is acting in the course of official duty; (g) intentionally, knowingly or recklessly causes physical injury to an emergency medical technician, or a paramedic while the emergency medical technician or paramedic is performing official duties; (h) being at least 18 years of age, intentionally or knowingly causes physical injury to a child 10 years of age or younger; or (i) intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a taxi while the operator is in control of the taxi.  Assault in the third degree is a Class C felony.  However, Assault in the third degree is a Class B felony if the assault resulted from the operation of a motor vehicle and the defendant was the driver of the motor vehicle and was driving while under the influence of intoxicants.

 Assault in the second degree

  A person commits the crime of assault in the second degree if the person: (a) intentionally or knowingly causes serious physical injury to another; (b) intentionally or knowingly causes physical injury to another by means of a deadly or dangerous weapon; or (c) 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 in the second degree is a Class B felony.

 Assault in the first degree

 A person commits the crime of assault in the first degree if the person: (a) intentionally causes serious physical injury to another by means of a deadly or dangerous weapon; (b) intentionally or knowingly causes serious physical injury to a child under six years of age; (c) commits Assault in the second degree knowing that the victim is pregnant; or (d) Intentionally, knowingly or recklessly causes serious physical injury to another while operating a motor vehicle under the influence of intoxicants and the person has at least three previous convictions for driving while under the influence of intoxicants in the 10 years prior to the date of the current offense, or the person has a previous conviction for other specified violent crimes and the victim’s death or serious physical injury in the previous conviction was caused by the person driving a motor vehicle.  Assault in the first degree is a Class A felony.

 


Gig Wyatt , Attorney at Law, Harris, Wyatt & Amala, LLC , 5778 Commercial Street SE , Salem OR 97306
(503) 378-7744, (503) 378-1013 Fax

NOTICE: The purpose of this website is to provide basic and general information about Criminal Defense laws in Oregon.
This publication should not be interpreted as legal advice, nor substituted for the specific legal advice of an experienced attorney.
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Crimial Defense services in Marion County, Polk County, and Linn County, Oregon