Portland, Oregon Assault Lawyers
Fighting for assault crime defendants in Oregon for 20 years
Crimes involving any type of force are taken very seriously by prosecutors in Portland. At Philbrook Law, we fight to assert all your defenses, such as that an assault didn’t happen as claimed, that the use of force was justifiable, that there was no intent, and that the government can’t prove its case beyond a reasonable doubt. Our Portland assault lawyers represent defendants charged with assault through each step of the criminal process. We fight to obtain dismissals of the charges and acquittals. Our defense lawyers also work to negotiate plea bargains for less serious charges. Call us today if you’ve been charged with an assault offense of any degree.
How can we help?
- How is assault defined in Oregon?
- What defenses do you assert on behalf of defendants charged with assault in Portland?
- Are there alternatives to imprisonment for assault charges in Portland?
- Do you have a Portland assault defense lawyer near me?
How is assault defined in Oregon?
Oregon has four categories of assault crimes:
- Assault in the first degree.
You may be charged with first-degree assault (a Class A felony) if you: - Intentionally cause serious physical harm to another person using a deadly or dangerous weapon.
- Intentionally or knowingly inflict serious physical injury on a child under the age of six.
- Commit second-degree assault while aware that the victim is pregnant.
- Cause serious physical injury to another while operating a vehicle under the influence of intoxicants, provided specific conditions are met.
- Assault in the second degree. This Class B felony applies if you:
- Intentionally or knowingly cause serious physical harm to another person.
- Intentionally or knowingly inflict physical injury using a deadly or dangerous weapon.
- Recklessly cause serious physical injury with a deadly or dangerous weapon under circumstances showing extreme disregard for human life.
- Assault in the third degree. This crime is generally classified as a Class C felony and applies if you:
- Recklessly cause serious physical injury using a deadly or dangerous weapon.
- Recklessly cause serious injury under conditions that show extreme indifference to human life.
- Recklessly cause physical harm using a deadly or dangerous weapon under circumstances demonstrating extreme disregard for human life.
- Cause physical injury in a variety of other situations, such as harm to a public transport officer, while aided by another person, while in a youth correctional facility (under certain conditions), or injury to an emergency services provider, based on age-related injuries, or harm to a taxi operator or highway flagger.
- Assault in the fourth degree. This offense, typically a Class A misdemeanor, applies if you:
- Intentionally, knowingly, or recklessly cause physical injury to another person.
- Cause physical injury due to criminal negligence with a deadly weapon.
- Commit other specific acts of criminal negligence.
- The offense may be elevated to a Class C felony if committed near or witnessed by a minor child, stepchild, or minor child residing in the household, if the accused knows the victim is pregnant, or if other conditions apply.
- Some fourth-degree assaults may be classified as domestic violence, in which case the court must ensure the judgment document reflects that the conviction is for domestic violence.
Another type of assault crime is assaulting a public safety officer.
The penalties for assault crimes in Portland, Oregon, include lengthy jail or prison sentences and large fines. If you’re convicted of a felony, the felony can prevent you from obtaining or keeping a job, buying a home, obtaining credit, voting, and owning a firearm.
What defenses do you assert on behalf of defendants charged with assault in Portland?
Our Portland assault crime lawyers understand the different defenses that can be used if you’re charged with any type of assault crime. We work to develop a strategy and represent you at every stage of the way, including bail hearings, arraignments, preliminary hearings, motions to suppress evidence, plea negotiations, and jury trials.
Some of the defenses that our criminal defense lawyers assert in assault cases include:
- The use of physical force in defense of a person. Oregon law provides (unless limitations apply) that force can be used for “self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force, and the person may use a degree of force which the person reasonably believes to be necessary for the purpose.”
- Any statements you gave orally or in writing against your own interest should be excluded because they violate the Fifth Amendment to the US Constitution
- Any other constitutional arguments that may apply
- The prosecution cannot show that you intended to commit an assault
- The prosecution cannot prove its case beyond a reasonable doubt
- The use of force was under duress (exceptions may apply)
- The specific elements of the crime cannot be proven
- The victim’s injuries aren’t as serious as the victim, or the prosecution claims they are – which can help reduce the assault charge to a less serious assault charge or to a non-assault charge
We can also review your rights if you and the victim had agreed to fight each other.
Do you have a Portland assault defense lawyer near me?
Philbrook Law meets defendants arrested for assault at our Portland, Oregon office located at 107 SE Oregon St., Suite 520. If you come to our office because you’re in jail, we’ll make arrangements to meet you where you are being detained. Our lawyers also conduct consultations by phone and video.
We’ll answer your questions and explain what defenses we believe might work in your case.
Get help from our respected Portland assault crime defense lawyers today
It’s essential that you speak with our Portland assault crime lawyers as quickly as possible. Many assault cases depend on the different versions of what happened. It helps if we can speak with you while your memory is still fresh. We can advise you of your rights, fight for your release on bail, and work aggressively to obtain a dismissal, acquittal, or a plea bargain. To schedule a free consultation, please call us or fill out our contact form. Our Portland assault defense lawyers represent defendants throughout Portland and in Vancouver, Washington and Battle Ground, Washington.