In Oregon, you can face assault charges for physically injuring another person. The state has four degrees of assault. This article covers fourth-degree assault, which is the least serious level of assault.
A person who causes "physical injuries" to another can be charged with assault.
Generally speaking, the greater the harm or risk of harm is, the more serious the penalty will be. For instance, a person who causes serious physical injuries to a victim will usually face harsher penalties than if physical injuries result. However, this equation can change if a defendant uses a firearm or other deadly weapon (designed to cause serious harm or death) in the assault.
Fourth-degree assault crimes generally involve unlawful acts that cause physical injuries. The law defines "physical injuries" as "impairment of physical condition or substantial pain." Examples include wounds that break the skin and cause bleeding, bruises causing pain and swelling, or a minor sprain.
If the pain or injury is momentary (or fleeting), the crime will often be harassment rather than assault. On the flip side, pain or injuries that are protracted (such as broken bones, serious sprains, or extensive stitches) or that cause a substantial risk of death (like a gunshot wound or internal bleeding requiring surgery) would be considered "serious physical injuries" and fall under assault in the first, second, or third degrees.
(Or. Rev. Stat. §§ 161.015, 161.085 (2024).)
A person commits fourth-degree assault (sometimes called assault 4) by:
Intentional and knowing acts are generally conscious decisions to harm. Reckless means a person was aware of a substantial risk of harm and chose to disregard it. A person commits criminal negligence by failing to be aware that their actions present a substantial and unjustifiable risk of harm.
For example, punching or kicking someone and causing them painful bruises would be assault in the fourth degree. Negligently waving a knife around to scare someone and accidentally cutting them could also fall under this crime. A reckless act might be angrily pushing someone out of the way and the victim falls onto a sharp object and receives a nasty gash.
(Or. Rev. Stat. § 163.160 (2024).)
Fourth-degree assault carries class A misdemeanor penalties—unless any of the following are true:
These acts are class C felonies (and sometimes associated with domestic violence).
A conviction for a class A misdemeanor can mean up to 364 days in jail and a $6,250 fine. Class C felonies carry up to 5 years of prison time and a $125,000 fine.
(Or. Rev. Stat. §§ 161.605, 161.615, 161.625, 161.635, 163.160 (2024).)
In many states, assault crimes include acts of placing a person in fear of imminent harm or having any offensive contact with a victim. Oregon law has similar crimes but with different names.
For instance, as discussed briefly above, a person who makes physical contact with another in an offensive manner commits harassment. This offense might come into play if a defendant grabs or slaps a victim or pulls their hair and minor injuries occur that don't involve substantial pain.
Harassment crimes are typically class B misdemeanors, with a maximum 6-month jail sentence. However, if the defendant touched the victim's intimate parts or domestic violence was involved, the crime may increase to a class A misdemeanor.
(Or. Rev. Stat. § 166.065 (2024).)
A person commits menacing—a class A misdemeanor—when they intentionally try to place another in fear of imminent serious physical injury. For instance, angrily walking toward someone with a raised fist would be menacing, as would threatening to pummel them.
(Or. Rev. Stat. § 163.190 (2024).)
It's also a class A misdemeanor to engage in reckless conduct that creates a substantial risk of serious physical injury to another. Trying to drive someone off the road into a ditch could be considered reckless endangerment. (Or. Rev. Stat. § 163.195 (2024).)
A person facing assault charges can fight the charges in several ways, including by poking holes in the prosecution's case or by raising an affirmative defense.
Self-defense. A defendant might claim self-defense or defense of others if the alleged victim started the altercation or was about to. To be successful, the defendant can only use as much force as is reasonably necessary to defend against the attacker's use or imminent use of unlawful force. (Or. Rev. Stat. § 161.209 (2024).)
Reasonable doubt. The defense might also try to poke holes in the prosecution's case by arguing the prosecution failed to prove the required intent or injuries. In this case, the defense might be able to get the charges dismissed or reduced.
If you face assault 4 or related charges in Oregon, contact a criminal defense lawyer. An attorney can help you understand the charges and the possible penalties and zealously defend your case.