Assault and harassment are treated very seriously in Oregon. These offenses are known as “person crimes” and often carry high bail and “no contact” orders.
If you are accused of direct, or even indirect, contact with the complaining witness, you will likely be arrested again and charged with contempt of court for violating a court order. This is true even if the individual contacts you. Regardless of whether the alleged victim wants to “press charges” or withdraws their statements made to police, Washington County and Clackamas County prosecutors will almost always move forward with the case against you.
Criminal harassment is very different than the commonly used definition of harassment. Under Oregon law, criminal harassment is defined as “offensive physical touching” and includes conduct such as slapping, pushing or shoving.
Washington County Prosecutors will seek jail time for even minor harassment cases. Make sure you have an aggressive local criminal defense lawyer to ensure you do not get unfairly prosecuted or hit with unnecessary penalties. Erik Nicholson will work to get your case dismissed or your penalties reduced to something fair and reasonable.
Assault is classified in the 4th, 3rd, 2nd, or 1st degree.
Assault IV can be charged as a Class A Misdemeanor or Class C Felony.
Assault in the 4th degree requires that you intentionally, knowingly or recklessly cause physical injury to another person. Any injury, however minor, is enough to be arrested for Assault 4 IV.
Assault IV escalates from a Class A Misdemeanor to a Class C Felony if:
- You have been previously convicted of assaulting this person before;
- The assault was witnessed by either your or the other person’s minor child;
- You have 3 or more prior assault convictions of any degree; or,
- The person who was assaulted was pregnant. The state must prove you knew they were pregnant in order to make this into a felony.
Assault III is always charged as a felony.
You can be charged with Assault III if:
- You recklessly cause serious physical injury to another person with a dangerous or deadly weapon;
- Your recklessly cause serious physical injury to another person under circumstances manifesting “extreme indifference to the value of human life;”
- You recklessly cause physical injury to another person with a dangerous or deadly weapon under circumstances manifesting “extreme indifference to the value of human life;”
- You intentionally, knowingly or recklessly cause injury to a transit operator or a taxi operator while that operator is in control of the vehicle;
- You cause physical injury to another person while you are aided by somebody else actually present;
- You intentionally, knowingly or recklessly cause physical injury to a staff member of a youth corrections facility while you are a prisoner;
- You intentionally, knowingly or recklessly cause injury to an emergency medical service worker while that person is performing official duties;
- You are at least 18 or older and you intentionally or knowingly cause injury to a child aged 10 years old or younger; or
- You cause injury to another and the assault is the result of an accident occurring while you were driving a motor vehicle under the influence of intoxicants (DUII). This particular type of Assault III carries the most penalties.
Assault II is classified as a Measure 11 offense.
Assault II carries a sentence of 70 months in prison. You can be charged with Assault II if:
- You intentionally or knowingly cause serious physical injury to another;
- You intentionally or knowingly cause physical injury to another with the use of a deadly or dangerous weapon; or,
- Recklessly cause serious physical injury to another through the use of a deadly or dangerous weapon under circumstances manifesting an extreme indifference to the value of human life.
Assault I is the most serious assault charge and also classified as a Measure 11 offense.
Assault I carries a minimum of 90 months in prison. You can be charged with Assault I if you:
- Intentionally cause serious physical injury to another person by the use of a deadly or dangerous weapon;
- Intentionally or knowingly cause serious physical injury to a child aged 6 or younger; or,
- Intentionally, knowingly or recklessly cause serious physical injury to another and you are driving under the influence, and you have at least 3 prior DUII convictions.
Under Oregon law, serious injury is defined as a substantial risk of death, protracted disfigurement, impairment of health and/or the loss or protracted impairment of a bodily organ.
Washington County and Clackamas County prosecutors and judges take any assault allegation very serious and impose strict penalties on an offender. Oftentimes, these charges and/or penalties can be dismissed or reduced significantly with the proper case analysis, investigation and negotiation. Erik Nicholson has a long track record of successfully defending assault and harassment cases for his clients.
Get the legal advice you need
When it comes to criminal defense in Oregon, Erik Nicholson has had over 14 years of experience dealing with clients and the court systems. No matter what you’ve been charged with, Erik is here to offer advice and a defense case with your best outcome in mind. If you have been charged with assault or another crime, get the legal advice you need from Erik Nicholson