Assault laws in Oregon cover a wide range of behavior—from causing serious injuries to actions that don’t even involve physical contact. Many people are surprised to learn that assault does not always require punching or hitting someone. In Oregon, the focus is on injury, risk, and intent.
This guide explains how Oregon defines assault, the different degrees of assault, possible penalties, and common defenses, all in simple, easy-to-understand language.
What Is Assault Under Oregon Law?
In Oregon, assault generally means causing physical injury to another person, or creating a serious risk of injury under certain conditions.
Unlike some states, Oregon separates assault into degrees based on:
- How serious the injury was
- Whether a weapon was used
- Who the victim was
- The mental state of the accused
The more serious the conduct, the higher the degree—and the harsher the punishment.
What Counts as “Physical Injury” in Oregon?
This is important because Oregon’s definition is broader than many people expect.
Physical injury includes:
- Pain
- Impairment of physical condition
- Minor injuries like bruises or swelling
Serious physical injury involves:
- Broken bones
- Serious disfigurement
- Risk of death
- Long-term health damage
Even temporary pain can qualify for lower-level assault charges.
The Degrees of Assault in Oregon
Oregon recognizes four degrees of assault, plus a related offense called menacing.
Assault in the Fourth Degree (Least Serious)
What It Means
A person causes physical injury to another person intentionally, knowingly, or recklessly.
Common Examples
- Slapping or pushing someone and causing pain
- Minor injuries during a fight
- Domestic disputes involving injury
Penalties
- Usually a Class A misdemeanor
- Up to 1 year in jail
- Fines and probation possible
If it involves domestic violence, penalties can increase and mandatory programs may apply.
Assault in the Third Degree
What Makes It More Serious
Assault becomes third-degree when:
- A weapon is used, or
- The victim is a protected person, or
- Serious injury occurs under certain conditions
Examples
- Using a bat, knife, or other weapon
- Injuring a police officer, emergency worker, or transit employee
- Repeated assault offenses
Penalties
- Class C felony
- Up to 5 years in prison
Assault in the Second Degree
What It Involves
Second-degree assault includes:
- Intentionally causing serious physical injury, or
- Causing serious injury with a deadly weapon, or
- Causing injury to protected workers (like corrections officers)
Examples
- Stabbing someone
- Breaking bones intentionally
- Severe beatings causing long-term damage
Penalties
- Class B felony
- Up to 10 years in prison
Assault in the First Degree (Most Serious)
When This Applies
This charge applies when:
- Serious physical injury is caused with a deadly weapon, or
- The defendant shows extreme indifference to human life, or
- The victim is a child, and the injury is severe
Examples
- Shooting someone
- Brutal assaults causing permanent damage
- Repeated abuse of a vulnerable victim
Penalties
- Class A felony
- Up to 20 years in prison
What Is a “Deadly Weapon” in Oregon?
A deadly weapon can include:
- Firearms
- Knives
- Objects used in a way likely to cause serious injury
Even everyday items—like tools or vehicles—can be considered deadly weapons depending on how they’re used.
Assault vs Menacing in Oregon
Not all threatening behavior is assault.
Menacing
- Intentionally placing someone in fear of imminent serious physical injury
- No physical contact required
Example:
Threatening someone with a knife without touching them.
Penalty:
- Class A misdemeanor
Domestic Violence and Assault Charges
Assault charges often involve family or household members.
Domestic violence cases may include:
- Mandatory arrest policies
- No-contact orders
- Required counseling or treatment programs
Even fourth-degree assault can carry serious long-term consequences when domestic violence is involved.
Self-Defense and Oregon Assault Laws
A person may legally use force if:
- They reasonably believe force is necessary
- The threat is immediate
- The response is proportional
Excessive force can turn a self-defense claim into an assault charge.
How Prosecutors Prove Assault in Oregon
Prosecutors typically rely on:
- Medical records
- Witness statements
- Photos or videos
- Police body-camera footage
- The severity and location of injuries
Intent is often inferred from actions and circumstances.
Common Defenses to Assault Charges
Assault charges do not mean automatic guilt.
Common defenses include:
- Self-defense or defense of others
- Accident
- Lack of intent
- False allegations
- Insufficient evidence
The specific defense depends heavily on facts and evidence.
Long-Term Consequences of an Assault Conviction
Beyond jail or prison, an assault conviction can lead to:
- Criminal record
- Employment difficulties
- Firearm restrictions
- Immigration consequences (for non-citizens)
- Loss of professional licenses
Felony assault convictions carry especially lasting effects.
Frequently Asked Questions (FAQ)
Can assault occur without hitting someone?
Yes. Menacing and some assault charges focus on fear or risk.
Is assault always a felony in Oregon?
No. Fourth-degree assault is usually a misdemeanor.
Does Oregon require visible injuries?
No. Pain alone can be enough for some charges.
Can assault charges be reduced?
Yes. Charges may be reduced or dismissed depending on evidence and defenses.
Final Thoughts
Oregon assault laws cover a wide range of conduct—from minor injuries to life-altering violence. The degree of assault depends on injury severity, intent, weapons used, and the victim’s status.
Whether you’re learning for personal knowledge or explaining charges to clients, understanding how Oregon defines assault helps prevent confusion and protects legal rights.
