Assault Charges In Salem, Oregon

Facing assault charges can turn your world upside down. The legal system is complex, and trying to make sense of your rights without guidance can lead to serious consequences. This is why it is important to work with an attorney who can advocate for your best interests and help you understand every legal step you are facing.

My name is attorney Daniel J. Lounsbury, and I have proudly served individuals and families in Salem, Oregon, since 1993. With decades of legal experience, Daniel J. Lounsbury Attorney at Law understands what is at stake when you are charged with assault. My goal is to provide each client with clear legal answers, compassionate support and strong courtroom representation.

What Constitutes Assault In Oregon?

In Oregon, assault is intentionally or recklessly causing physical injury to another person. The severity of the charge depends on the details of the incident, including:

• Whether a weapon was involved
• The extent of injuries
• The alleged victim’s status, such as a child or a law enforcement officer

Assault charges can range from misdemeanors to serious felonies. I can help you understand the charge you are facing so I can build a personalized defense.

Types Of Assault Charges

There are several classifications of assault in Oregon, including:

• Assault in the fourth degree: Often, a misdemeanor involves minor injuries or attempted assault.
• Assault in the third degree: A felony, charged when the victim is a public servant or serious injury occurred.
• Assault in the second degree: A more serious felony involving weapons or severe bodily harm.
• Assault in the first degree: The most severe, involving intent to cause serious harm or disfigurement.

No matter the charge, working with a criminal defense lawyer can make a huge difference in your outcome.

What Are The Penalties For An Assault Conviction?

Assault charges in Oregon vary in severity. The penalties increase depending on the degree of the offense. These consequences may include jail or prison time, probation and steep fines that can affect a person’s future. Here is a breakdown of what each level may involve:

• Fourth-degree assault (Class A misdemeanor): Up to 364 days in jail, probation and fines up to $6,250.
• Third-degree assault (Class C felony): Up to five years in prison, probation and fines up to $125,000.
• Second-degree assault (Class B felony): A Measure 11 offense with a mandatory minimum of 70 months in prison. Fines can reach $250,000.
• First-degree assault (Class A felony): Also a Measure 11 charge, carrying a mandatory minimum of 90 months in prison and up to 20 years total.

These higher-level charges are not flexible. Courts must follow mandatory sentencing laws, which makes early legal guidance important.

Can An Assault Charge Be Dropped If The Victim Does Not Want To Press Charges?

It is common to believe that a case will end if the victim decides not to move forward. In Oregon, that is not how the process works.

The state, through the prosecutor, controls whether charges are filed or dismissed. This decision is based on available evidence, not the victim’s wishes. Even without the victim’s cooperation, a case may continue if there is:

• Police documentation
• Witness accounts
• Medical records
• Photos or other physical evidence

While a victim’s input can influence how a case is handled, it does not guarantee that charges will be dropped. Legal strategy becomes essential in challenging the evidence and protecting the accused.

Can You Get An Assault Charge Expunged?

Expungement, also known as setting aside a conviction, depends on the type of assault charge and the case outcome. Not all offenses qualify. This is how eligibility works:

• Eligible: Fourth-degree assault in many cases
• Sometimes eligible: Certain third-degree assault cases
• Not eligible: First and second-degree assault convictions

To qualify, all sentencing terms must be completed, and a waiting period must pass before filing.

Assault Charges FAQ

It is natural to have questions when facing assault charges, especially about situations that may not seem clear or straightforward.

What if I was acting in self-defense?

Many people are charged even when they were only trying to protect themselves or someone else. As your attorney, I can present your side of the story and help prove your actions were justified under Oregon law.

What is a Measure 11 assault charge?

Measure 11 applies to first and second-degree assault charges in Oregon. These are serious felony offenses with mandatory prison sentences. A conviction requires:

• 70 months in prison for second-degree assault
• 90 months in prison for first-degree assault

There is no early release and no sentence reduction for good behavior. These strict rules make it critical to have experienced legal representation as early as possible.

Take The Next Step With An Experienced Criminal Defense Attorney

If you or a loved one is facing assault charges in Salem, Oregon, come to Daniel J. Lounsbury Attorney at Law for guidance and support. Call me at 800-615-7072 or fill out the online form today for a free phone consultation.