When heated exchanges escalate to violent actions, it's often difficult to determine what caused the incident in the first place. Emotions are high and it's a stressful situation for everyone involved. Whether the assault occurred between people living under the same roof, or outside the home between complete strangers, it is important to immediately retain an experienced defense lawyer if you've been arrested for assault or domestic violence.
The attorneys at Gilroy & Napoli have over 25 years combined experience defending those charged with assault or domestic violence. As former prosecutors, the assault and domestic defense attorneys at Gilroy & Napoli have a unique understanding of how the State tries assault and domestic violence cases. They have first-hand experience of how the criminal court process works in Multnomah County, Washington County, and Clackamas County, to name a few. If you've been charged with assault or domestic violence, or are otherwise seeking legal representation for such charges, contact the defense lawyers at Gilroy & Napoli today by calling (503) 620-9887.
Assault in the 4th Degree
A person commits the crime of assault in the fourth degree if the person (a) intentionally, knowingly or recklessly causes physical injury to another; or (b) with criminal negligence causes physical injury to another 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 person commits the crime of assault in the fourth degree and (a) the person has previously been convicted of assaulting the same victim; (b) the person has previously 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 commits the assault knowing that the victim is pregnant.
A person commits the crime of strangulation if the person knowingly impedes the normal breathing or circulation of the blood of another person by: (a) applying pressure on the throat or neck of the other person; or (b) locking 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 residing within 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 previously convicted of strangulation or of committing an equivalent crime in another jurisdiction; (e) the person has been previously convicted of assault or menacing or of committing an equivalent crime in another jurisdiction, and the victim in the previous conviction is the same person who is the victim of the current 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.
Chapter 163 of the Oregon Revised Statutes (“Offenses Against Persons”) outlines assault and related offenses to which persons may be charged, including: