Assault with a Deadly Weapon in Oregon

Related Ads

Talk to a Criminal Defense Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

Oregon has several laws on the books that cover the criminal charge of assault with a deadly weapon.  For the sake of keeping criminal records across the states the same, it is categorized as aggravated assault in national records.

In the year 2000, the state of Oregon, had a violent crime incident rate of 350.7 per 100,000 people, ranking it the 28th in violent crime rates across the United States.  It also had an incident rate for aggravated assault of 226.7 per 100,000 people, also placing it as the 28th state with the highest aggravated assault rate in the country.

Assault Defined

Assault in the state of Oregon falls under four different degrees of charges: Assault I – Assault IV, each of which can be categorized under a different classification of misdemeanor or felony, depending upon the specifics of the offense.

Assault with a deadly weapon and aggravated assault are not part of the legal code in Oregon; those offenses fall under one of the categories of misdemeanor assault or felony assault, depending on the details of the offense.

Penalties for Assault with a Deadly Weapon

A deadly weapon can be used in various ways to inflict assault. Therefore, there are several areas under assault for which this charge might fall.

Charge

Classification

Description

Max Fine

Max Imprisonment

Assault IV

Class A Misdemeanor

or

(Class C Felony: see below)

Intentionally, knowingly, or recklessly causing physical injury to a person (a fist fight without weapons), or with criminal negligence causing physical injury to another using a deadly weapon. 

$6,250

1 year in jail

Assault III

Class C Felony

or

(Class B Felony: see below)

Recklessly causing serious physical injury to another by means of a deadly or dangerous weapon, or by manifesting extreme indifference to the value of human life, with or without a weapon, or with the aid of someone else (two or more persons beat up another person), or to a public civic servant in the operation of his duties, or causing physical injury to a child 10 years of age or younger

$125,000

5 years in prison

Assault II

Class B Felony

Measure 11 Offense

Intentionally or knowingly causing serious physical injury to another, or intentionally or knowingly causing physical injury to another by means of a deadly or dangerous weapon (such as a knife or club), or recklessly causing serious physical injury to another by means of a deadly or dangerous weapon, manifesting an extreme indifference to the value of human life.

$250,000

10 years in prison

 

Measure 11 mandates minimum of 70 months

Assault I

Class A Felony

Measure 11 Offense

Intentionally causing serious physical injury to another by means of a deadly or dangerous weapon (such as a gun or knife), or intentionally or knowingly causing serious physical injury to a child under six years of age.

$375,000

20 years in prison

 

Measure 11 mandates minimum of 90 months

 

A Class A Misdemeanor becomes a Class C Felony when the defendant has previously been convicted of assaulting the same victim, has been convicted at least three other times with assault that involved domestic violence, the assault takes place in front of minor children, or the assault is knowingly done on a pregnant victim.

Minimum Sentences for Gun Use

There are enhanced penalties that can be added to the sentencing of a person who is convicted of threatening to use a firearm while committing a felony. The first conviction in a case like this carries a possible five-year prison sentence. In addition to this penalty, the judge may add more time for using a firearm. If a machine gun or short-barreled rifle or shotgun or a firearm with a silencer are used, the court may sentence the defendant to 10 years. For a second conviction of this type, it can be increased to 20 years. A third conviction of this type carries a 30 year minimum sentence.

Plea Options

In Oregon, the plea options include guilty, which does not require a trial, not guilty, which does require a trial to determine guilt, and no contest, which also requires a trial though the plea neither admits to guilt nor asserts innocence.

A plea bargain agreement offered by the prosecuting attorney is also possible. The plea bargain will most likely allow the defendant to plead to a lesser charge and accept the consequences for the lesser charge, which will also save the court the time and expense of holding a trial.

In Oregon, there is also what is referred to as a civil compromise.  This allows an assault crime to be compromised and dismissed as long as the victim and the court agree on the conditions. There is a formal process involved for dismissal by a civil compromise. The victim must acknowledge in writing that he or she has received satisfaction for the injury, and the court must agree that dismissing the charges as per the civil compromise is the appropriate thing to do. The District Attorney may object to this agreement. Getting such an agreement is much more difficult, if not impossible, if the defendant has a criminal record or has already had a previous case dismissed through a civil compromise.

Seek out Legal Counsel

If you are arrested for assault with a deadly weapon, it is in your best interest to secure legal counsel. A competent attorney is trained to help you with the legal process and work on your defense with the objective of getting you released. It is also the best way to ensure that your rights are protected throughout the legal process.

Talk to a Defense Lawyer

Charged with a crime? Start here to find a lawyer.
HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Connect with local attorneys
LA-NOLO1:DRU.1.6.5.20141029.29183