When intense verbal communication escalate to violent behavior, it’s often challenging to understand what caused the incident to begin with. Emotions are high and it can be a stressful situation for everyone involved. Whether the assault took place between people living under the same roof, or outside the home between complete strangers, it is critical to promptly retain an competent defense lawyer if you’ve been arrested for assault or domestic violence.
The attorneys at Gilroy Napoli Short have over 25 years combined practice defending individuals charged with assault or domestic violence. As former prosecutors, the assault and domestic defense attorneys at Gilroy Napoli Short have a unique understanding of how the State tries assault and domestic violence cases. We have comprehensive understanding of how the criminal court process works in Multnomah County, Washington County, Clackamas County, Deschutes County, Jefferson County, Crook County, and Klamath County. If you’ve been charged with assault or domestic violence or searching for legal representation for such charges, you can reach the defense lawyers at Gilroy Napoli Short today by calling (503) 620-9887.
Common Assault / Domestic Violence Charges in Oregon
Assault in the 4th Degree
An individual commits the crime of assault in the fourth degree if the person (a) deliberately, consciously or carelessly causes physical injury to another; or (b) with criminal negligence causes physical abuse to another person by means of a deadly weapon. Assault in the fourth degree is a Class A misdemeanor. Assault in the 4th Degree can be classified as a Class C felony if the individual commits the crime of assault in the fourth degree and (a) the person has formerly been convicted of assaulting the same victim; (b) the person has formerly been convicted at least three times of assault and all of the assaults involved domestic violence; © the assault is committed in the presence of, or is witnessed by, the victim’s minor child or stepchild or a minor child residing within the household of the victim; and (d) the person executes the assault knowing that the victim is pregnant.
An individual commits the crime of strangulation if the person deliberately disrupts the natural breathing or circulation of the blood of another person by: (a) employing pressure on the throat or neck of the other person; or (b) closing the nose or mouth of the other person. Strangulation is a Class A misdemeanor. Strangulation can escalate to a Class C felony if (a) the crime is committed in the presence of, or is witnessed by, the victim’s minor child or stepchild or a minor child occupying the household of the person or the victim; (b) the victim is under 10 years of age; © during the commission of the crime, the person used, attempted to use or threatened to use a dangerous or deadly weapon; (d) the person has been formerly sentenced of strangulation or of committing an comparable crime in another jurisdiction; (e) the person has been formerly convicted of assault or threatening or of committing a comparable crime in another jurisdiction, and the victim in the prior conviction is the same individual who is the victim of the present conviction; or (f) the person has at least three previous convictions of any combination of assault in the fourth degree (ORS 163.160 ), assault in the third degree (163.165 ), assault in the second degree (163.175), assault in the first degree (163.185) or menacing (163.190 ) or of equivalent crimes in other jurisdictions.