What Is the Law on Assault in Oregon and What Are the Punishments for It?
Delivering unwanted physical injury onto another individual constitutes the offense of assault. This crime doubles as a tort and has civil and criminal implications.
What Are the Elements of Assault?
To levy an assault charge, four criteria need to be met:
- The ability to deliver bodily injury.
- The physical injury being imposed on another person.
- The physical injury being is insignificant and is being carried out with the specific intent to hurt.
- The action must be unlawful.
What Is the Law on Assault in Oregon?
Oregon defines its assault in terms of degrees. Its Code of Laws Section 163.185 declares that an individual has committed the offense of first-degree assault if
- They deliberately caused significant bodily injury upon another party by means of a dangerous and/or deadly weapon.
- They deliberately caused significant bodily harm to a child under 6 years of age.
- They commit the offense of assault in the second degree upon a pregnant woman, with full knowledge of said individuals’ state of pregnancy.
- They knowingly and without abandon cause serious bodily harm upon another individual while engaging in the operations of a motor vehicle while under the influence of intoxicants.
- They caused death or significant injury upon another individual while driving a motor vehicle.
Section 163.175 declares that an individual has committed the offense of assault in the second degree if they deliberately cause physical harm with a deadly weapon and recklessly inflict serious damage
Section 163.165 declares that a person has committed the offense of assault in the third degree if
- They deliberately caused physical injury unto another party with the usage of a dangerous weapon.
- They present indifference to the value of human life while engaging in acts that endanger human lives.
- They endanger human lives by the reckless usage of motor vehicles to cause significant bodily harm to another individual, or the operator of a public transit vehicle.
- They aid another individual in causing significant bodily harm to another.
- They deliberately caused bodily harm to a staff member of a youth correction facility while currently in the admission of the same facility.
- They recklessly caused bodily injury to an emergency medical services provider.
- They deliberately caused bodily harm to an individual 10 years or younger while the offender in question is at least 18 years of age.
- They recklessly and deliberately caused injury by means other than a motor vehicle to the operator of a taxi, or a highway worker while said individuals are performing official duties.
Oregon’s Section 163.160 declares that an individual has committed the offense of assault in the fourth degree if
- They deliberately and recklessly caused bodily harm to another individual, either by means of a dangerous weapon or without, or to an individual who is an otherwise vulnerable user of public space by motor vehicle.
- They assaulted an individual, who is within close proximity and immediate presence of the victim’s minor child, stepchild, or any minor child dwelling in the same household of said victim.
- They have previous convictions of assault in any degree, or they knowingly assaulted a pregnant victim.
What Is the Punishment for Assault in Oregon?
Fourth Degree Assault: This offense is a Class A Misdemeanor, carrying imprisonment of 1 year in jail and/or a fine of $6250. Prior convictions elevate this to a Class C Felony, consisting of imprisonment up to 5 years and/or a fine of $125,000.
Third Degree Assault: This offense is a Class C Felony, carrying with it imprisonment up to 5 years, and/or a fine of $125,000.
Second Degree Assault: This is a Class B Felony that carries with it imprisonment up to 10 years and/or a fine of no more than $250,000.
First Degree Assault: This offense is a Class A Felony, carrying with it imprisonment up to 20 years and/or a fine of no more than $375,000.