Many people assume that the criminal charges of assault and battery can be used synonymously or that they must be lumped together into one singular offense. Although it is not uncommon for one to be charged with both crimes concurrently, it is important to understand that they are actually two separate offenses. Generally defined, "assault" is the act of imminently threatening another person with physical harm and/or inflicting some degree of injury. Under this definition, one could be accused of assault even if they did not actually touch another person. It must only be proven that they had the intention and physical means to carry out their intended threats. Depending on the circumstances of the incident, however, the offender could be charged with assault in the first, second, third or fourth degree.
Oregon Code §163.185 – Assault in the First Degree (Class A felony)
Oregon Code §163.175 – Assault in the Second Degree (Class B felony)
Oregon Code §163.165 – Assault in the Third Degree (Class C felony)
Oregon Code §163.160 – Assault in the Fourth Degree (Class A misdemeanor)
If you have been charged with assault in Oregon, you could be facing mandatory imprisonment and the payment of a costly fine. For this reason, we encourage you to get in touch with the Portland criminal defense attorney at Neal Weingart, Attorney at Law, LLC as soon as you have been arrested. Under the law, first degree assault (Class A felony) may result in 20 years in prison and $375,000 in fines, second degree assault (Class B felony) may result in 10 years in prison and $250,000 in fines, third degree assault (Class C felony) may result in 5 years in prison and $125,000 in fines, and fourth degree assault (Class A misdemeanor) may result in 1 year in jail and $6,250 in fines. With the help of an experienced criminal lawyer, you could push for leniency or even work to have the charges against you dismissed.
When facing time behind bars, you should not disregard the importance of retaining legal counsel. Not only could you be sentenced to 20 years in prison, but your tarnished criminal record could potentially follow you around for the rest of your life. For this reason, you should implement all available defense resources in your favor—starting with an experienced criminal lawyer. When you enlist the help of Neal Weingart, Attorney at Law, LLC, you will be putting an aggressive legal professional in your corner. Mr. Weingart has gone to trial more than 100 times, so you can rest assured that he knows his way around the courtroom. Whether you have been charged with a misdemeanor or felony offense, our firm will take all necessary measures to ensure a favorable outcome in your case.
Getting started is easy – simply pick up the phone and give us a call at (503) 483-4025 for a free initial consultation with our Portland criminal defense attorney.