If you or someone you love is facing assault charges in Oregon, acquiring quality legal representation will be paramount. The state of Oregon has four levels of assault charges. The degree of the charge has a major impact on the defendant’s sentencing if convicted.
First Degree Assault
This is the most serious assault charge. Prosecutors may charge first degree assault if they believe they can prove any of the following beyond a reasonable doubt:
- The defendant intentionally used a deadly weapon to cause severe injury.
- The defendant intentionally injured a child under the age of six.
- The defendant has three or more prior DWI convictions and then causes serious injury, either intentionally or through recklessness, while driving under the influence.
Assault in the first degree is a Class A felony. Punishment for this type of felony can result in fines of up to $375,000 and 20 years in prison.
Second Degree Assault
This charge is slightly less severe but still serious. Prosecutors may choose this charge when they believe the defendant:
- Intentionally injured someone with or without the use of a deadly weapon.
Second degree assault is a Class B felony and can result in fines of up to $250,000 and 10 years in prison.
Third Degree Assault
Prosecutors opt for assault in the third degree when they believe any of the following:
- The defendant’s indifference or recklessness resulted in seriously injuring someone.
- The defendant seriously harmed someone with a deadly weapon as a result of reckless behavior.
- The defendant injured a taxi driver, bus driver, or EMS technician through recklessness or direct intent.
- The defendant intentionally injured a child under the age of 10.
Third degree assault is a Class C felony. Possible consequences include up to five years in prison and $125,000 in fines.
Fourth Degree Assault
This is the lightest of the assault charges. The prosecutors will choose this charge if they believe they can prove any of the following:
- The defendant injured someone through either intent or recklessness.
- The defendant’s negligence resulted in an injury from a deadly weapon.
This type of crime is a Class A misdemeanor. Punishment can include a year in prison and fines of up to $6,250. If the defendant has prior assault convictions or carried out the crime in the presence of a child, prosecutors may elevate the charge to a Class C felony.
Dependable Help is Here: Contact The Law Office of Justin Rosas Today
When facing serious charges, you need a trustworthy legal team on your side. We are here to help. With more than a decade of experience in criminal law, we use dependable strategies to improve the outcome for every client.
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