Assault in the Second and Third Degree in Oregon

Oregon recognizes four levels – or degrees – of assault. Second and third degree assault are felonies, which involve physical or serious physical injury and may involve the use of a dangerous or deadly weapon. Assault in the first degree is the most serious form of assault in Oregon and is addressed in Assault in the First Degree in Oregon. Misdemeanor assault is addressed in Assault in the Fourth Degree in Oregon.

Assault in the Third Degree

A person is guilty of assault in the third degree if they:

• recklessly causes serious physical injury to another person with a dangerous or deadly weapon
• recklessly causes serious physical injury to another person, acting with extreme indifference to the value of human life
• recklessly causes physical injury to another person with a dangerous or deadly weapon, acting with extreme indifference to the value of human life
• intentionally, knowingly or recklessly causes injury to a public transit vehicle operator, taxi driver, or emergency medical services provider while the victim is engaged in performing his duties
• while in custody at a youth correctional facility, intentionally or knowingly causes physical injury to a staff member engaged in the performance of his duties
• intentionally or knowingly causes physical injury to another person while aided by another offender, or
• intentionally or knowingly causes physically injury to a victim who is 10 years old or younger (the offender must be at least 18 years old). (Or. Rev. Stat. §163.165.)

Assault in the third degree is a Class C felony in Oregon, unless the assault was committed while the offender was intoxicated and operating a motor vehicle, in which case it is a Class B felony.

Assault in the Second Degree

Under Oregon law, a person commits assault in the second degree if he:

• intentionally or knowingly causes serious physical injury to another person
• intentionally or knowingly causes physical injury to another person with a deadly or dangerous weapon, or
• recklessly causes serious physical injury to another person with a deadly or dangerous weapon, acting with extreme indifference to human life. (Or. Rev. Stat. §163.175.)

Assault in the second degree is a Class B felony in Oregon.

Recklessness

A reckless act is one that is deliberately committed without regard for the outcome. Pushing someone out of the way in a crowd so that you can get through, without intending to injure the person, could be an assault if the person falls and is injured.

Extreme Indifference to the Value Human Life

The term "extreme indifference to human life" refers to conduct that is more than reckless – but not intentional – and that reflects a total lack of care for the risk of death or gravely serious injury that might result from certain actions. In Oregon, if a person drives drunk and crosses the center line, causing a head-on collision, that person could be considered guilty of acting with extreme indifference to human life.

Physical Injury and Serious Physical Injury

The degree of an assault in Oregon often depends on the type of injury suffered by the victim. An assault resulting in serious physical injury is a more serious crime than an assault resulting in physical injury. Serious physical injury involves significant harm such as a broken bone, disfigurement, loss of a limb, or an injury requiring surgery or hospitalization. The term physical injury refers to minor injury like a cut, scrape, or bruise.

Dangerous or Deadly Weapon

A deadly weapon is an object that by definition and design is capable of causing death or serious physical injury. Examples of deadly weapons include a firearm, large hunting knife, and brass knuckles.

A dangerous weapon is an object that may not normally be a weapon but is used or threatened or attempted to be used in a way that could readily cause death or serious physical injury. A rope used to strangle someone, a metal pipe used to strike or attempt to strike someone, and a vehicle driven by a reckless or intoxicated driver that strikes a pedestrian are all dangerous weapons because of the manner in which they were used.

Penalties

A person convicted of a Class B felony in Oregon can be sentenced to up to ten years in jail or a fine up to $250,000, or both.

A person convicted of a Class C felony can be sentenced to up to five years in prison or a fine up to $125,000, or both.

Restitution

A person convicted of assault in Oregon must pay restitution, which involves reimbursing the victim for any expenses resulting from the crime, such as the cost of medical treatment or counseling, or repair or replacement of damaged property. Unless the victim agrees to accept a lesser amount, the person convicted must pay the entire amount of expenses and losses that the victim incurred.

Deferred or suspended sentence and probation

After the defendant is convicted or pleads guilty to an assault charge, the court can grant a deferred sentence. This means that the court postpones sentencing for a period of time on the condition that the defendant comply with certain requirements, such as no new arrests or criminal offenses during the conditional period, psychological treatment, or volunteer work in the community. The court also may require the defendant to be on supervised probation. If the defendant satisfies all the court's requirements, the charge will be dismissed at the end of the period. The arrest and dismissal will be part of the defendant's criminal record but he will not be a convicted felon. If the defendant fails to satisfy the court's requirements, the court will impose a sentence and enter a conviction.

If the court suspends a sentence, the court imposes a jail or prison sentence but allows the defendant to serve all or a portion of the time on probation rather than in jail or prison. The defendant must successfully complete probation and any other conditions the court imposes or he will be required to complete the sentence in jail or prison. A person on supervised probation must meet with a probation officer and comply with conditions such as treatment, maintaining employment, curfews, drug tests, and avoiding any further criminal activity or arrests.

The Value of Legal Representation

A conviction for assault in the second or third degree is a felony conviction and becomes part of your permanent criminal record. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. A convicted felon loses the right to vote and carry firearms and can lose certain professional licenses. A conviction for a violent felony also can hurt you when you are looking for a job or applying to rent a house or apartment. An experienced attorney can determine whether you have any grounds for dismissal of the charges against you, explore plea options or represent you at trial.

Only someone familiar with the local criminal court system and cases like yours will know how good your chances are for a favorable outcome in court or at the negotiating table. A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights.