Assault 2 in Oregon is a serious charge, falling under one of four assault categories the state recognizes. Assault charges range from first to fourth degree, with each category based on the severity of harm and intent. First-degree assault is the most severe, while fourth-degree involves less serious injuries or negligence. Understanding these categories helps make sense of how Oregon's system works and what it means if you’re charged. In this article, we’ll focus on the sentences tied to Assault 2, along with several examples to clarify the different degrees of charges.
What is Assault 2 in Oregon?
In Oregon, Assault 2 is defined under ORS 163.175 and is considered a very serious offense. This charge applies when someone intentionally causes serious physical injury to another person or uses a deadly weapon to inflict harm. Weapons can include firearms, knives, blunt objects like bats or crowbars, or any object used in a way that can cause significant injury. The severity of the injury and whether a weapon is involved are key factors in this charge. Serious physical injuries often mean those that pose a risk to life or cause long-term impairment.
Another aspect that can elevate an assault to the second degree is when the victim is particularly vulnerable. This includes minors, the elderly, individuals with physical or mental disabilities, or anyone unable to defend themselves. The attacker’s actions are seen as more severe when targeting these groups. Assault 2 can also occur if the attacker is assisted by another person, which heightens the threat and potential harm to the victim.
The difference between Assault 2 and Assault 1 often comes down to intent and the extent of harm. Assault 1, typically involves actions meant to cause permanent disfigurement, life-threatening injuries, or harm to highly vulnerable victims like children under the age of 6. While Assault 2 is still serious, it usually involves injuries that are less severe or actions without the intent to cause lasting harm.
Examples of Assault 2
● Group Assault: Participating in an assault with another person increases the threat and severity of harm to the victim. For instance,
two individuals attacking someone together can lead to more serious injuries and a higher level of intimidation.
● Causing Serious Injury: Intentionally inflicting significant physical harm, such as breaking a bone, causing internal bleeding, or creating long-term physical impairment, often qualifies as Assault 2.
● Strangulation: Strangulation is viewed as especially dangerous due to the risk of permanent damage or death.
● Poisoning: Intentionally administering a harmful substance to someone, such as spiking their drink with a toxic chemical or drug, can lead to an Assault 2 charge.
● Assault with the Intent to Commit a Felony: Physically harming someone while planning or attempting another felony, such as robbery or kidnapping, can elevate the assault to the second degree.
● Using a Deadly Weapon: Injuring someone with an object that can cause severe harm or death, such as a gun, knife, bat, or even a vehicle used deliberately as a weapon.
● Assaulting a Vulnerable Person: Targeting individuals who are minors, elderly, physically impaired, mentally disabled, or otherwise unable to defend themselves.
● Reckless Injury with Extreme Disregard for Safety: Causing serious harm while acting recklessly, such as throwing a heavy object into a crowd and injuring someone.
How It's Different From Assault 3
The main difference between Assault 2 and Assault 3 in Oregon lies in the level of intent, the severity of the injury, and whether a weapon is involved. Assault 2 involves intentionally causing serious physical harm or using a deadly weapon to injure someone. In contrast, Assault 3 typically applies to situations where someone causes physical harm recklessly or with less severe injuries.
For example, Assault 3 might involve reckless actions like throwing an object that accidentally hits someone and causes a minor injury. While still a crime, the harm in Assault 3 cases doesn’t meet the “serious physical injury” threshold required for Assault 2. Additionally, there’s often no intent to cause harm in Assault 3, only reckless or negligent behavior that led to injury.
Another key distinction is that Assault 2 often involves the use of a weapon or the targeting of particularly vulnerable individuals. Assault 3, on the other hand, doesn’t require a weapon or focus on vulnerable victims. It generally covers incidents where injuries result from reckless behavior rather than premeditated or intentional acts.
Sentencing for Assault 2
As you might expect, Assault 2 in Oregon carries some serious consequences. This is due to its classification as a Measure 11 offense and a Class B felony. Here’s a breakdown of the potential outcomes:
1. Mandatory Minimum Sentence: A conviction requires a minimum of 70 months in prison. There is no option for parole, probation, or early release.
2. Class B Felony Consequences: As a Class B felony, it reflects the severity of the offense and ensures a consistent punishment under Oregon law.
3. Significant Fines: In addition to or instead of prison time, fines of up to $250,000 can be imposed.
4. Criminal Record: A conviction results in a permanent felony record, which can affect employment, housing, and other opportunities down the road.
5. Restitution: Offenders may be required to pay restitution to the victim to cover medical bills, lost wages, or other damages.
6. Post-Prison Supervision: After serving the prison term, individuals are often subject to strict post-prison supervision to monitor compliance with the law.
Can Assault 2 In Oregon Be Expunged?
Assault 2 in Oregon is generally not eligible for expungement because of its classification as a felony. However, there are some rare exceptions. For instance, if the conviction is overturned on appeal or dismissed through post-conviction relief, expungement may become an option. Additionally, changes in legislation could potentially expand expungement eligibility in the future, though this is not guaranteed. If you think your case might qualify under specific circumstances, we recommend you consult with an attorney to explore your options and understand the legal requirements.
The Oregon Assault 2 Law Guide Conclusion
Understanding the differences between assault charges in Oregon is important, especially when the specifics of intent, injury, and circumstances play such a big role. If you’re dealing with assault charges, things can feel overwhelming, but having someone who knows the law on your side makes all the difference.
If you’re facing assault charges or need legal help in the Medford area, reach out to our team at Oregon Gun Law. We’re here to help you navigate the process, explain your options, and fight for the best possible outcome. Let’s work together to address your situation and move forward.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
