Assault Charges & Penalties in Oregon (Degrees, Sentencing, and What to Expect)
If you were arrested, or you need to know what you’re facing—Oregon assault charges can range from a misdemeanor to a Measure 11 felony depending on the injury, the alleged mental state, and factors like weapons, protected victims, or prior history. Oregon also defines key terms (like “physical injury” and “serious physical injury”) in ways that matter a lot to charging decisions and penalty exposure.
Important: This page is general information about Oregon law—not legal advice for your specific case. Assault charges can change based on facts, prior record, and county practices. The Oliveros Law Group PC handles assault cases.
Quick answer: What are the penalties for assault in Oregon?
Oregon recognizes multiple degrees of assault (commonly referred to as Assault IV, III, II, and I). In general:
Assault in the Fourth Degree (Assault IV) is often a Class A misdemeanor (up to 364 days jail), but it can become a felony in certain situations.
Assault in the Third Degree (Assault III) is commonly a Class C felony (up to 5 years).
Assault in the Second Degree (Assault II) is a Class B felony and is also a Measure 11 offense in many cases (mandatory minimum prison).
Assault in the First Degree (Assault I) is a Class A felony and is also Measure 11 (mandatory minimum prison).
Before the degrees make sense, you need Oregon’s statutory definitions:
“Physical injury” means impairment of physical condition or substantial pain.
“Serious physical injury” is a higher threshold: injury creating a substantial risk of death, or causing serious impairment of health, or protracted loss/impairment of a bodily organ’s function.
“Dangerous weapon” and “deadly weapon” are defined in ORS 161.015 and can broaden exposure significantly.
Those definitions affect whether the state alleges “physical injury” vs. “serious physical injury,” and whether an object is treated as a “weapon,” which can push a case into a higher degree.
Assault charges in Oregon: the degrees (IV, III, II, I)
Assault in the Fourth Degree (Assault IV) — ORS 163.160
Assault IV generally involves intentionally, knowingly, or recklessly causing physical injury to another person (the “physical injury” definition above is often litigated).
Typical classification: often a Class A misdemeanor (with potential felony exposure in certain circumstances).
Misdemeanor max jail: up to 364 days.
Why this matters: “Assault IV” is one of the most common assault filings because it can be charged even when injuries seem “minor” if the state alleges substantial pain or impairment.
Assault in the Third Degree (Assault III) — ORS 163.165
Assault III is broader than many people expect and includes multiple legal theories, including certain situations involving serious physical injury, protected victims, and other enumerated circumstances.
Classification: Class C felony.
Max prison for Class C felony: up to 5 years.
Assault in the Second Degree (Assault II) — ORS 163.175
Assault II typically involves allegations like causing serious physical injury, causing physical injury with a deadly/dangerous weapon, or causing serious physical injury with extreme indifference in certain weapon scenarios.
Classification: Class B felony.
Max prison for Class B felony: up to 10 years.
Assault II and Measure 11
Assault II is listed among Oregon’s Measure 11 offenses and carries a mandatory minimum prison sentence in qualifying cases.
Assault in the First Degree (Assault I) — ORS 163.185
Assault I is among the most serious assault allegations and often involves claims of intentionally causing serious physical injury by means of a deadly weapon, or other severe statutory theories.
Classification: Class A felony.
Max prison for Class A felony: up to 20 years.
Assault I and Measure 11
Assault I is also a Measure 11 offense and can carry a mandatory minimum prison sentence.
Maximum incarceration by class (general Oregon limits)
Class A misdemeanor: up to 364 days
Class C felony: up to 5 years
Class B felony: up to 10 years
Class A felony: up to 20 years
Maximum fines (general Oregon limits)
Class A misdemeanor fine: up to $6,250
Class C felony fine: up to $125,000
Class B felony fine: up to $250,000
Class A felony fine: up to $375,000
Real-world note: “Maximums” are not the same as “likely outcome.” Sentencing can be affected by Oregon’s guidelines, criminal history, specific allegations, and mandatory minimum statutes (Measure 11).
“Do you take Measure 11 crimes such as assault?”
Measure 11 (Oregon’s mandatory minimum sentencing scheme) applies to certain serious felonies, including Assault in the First Degree and Assault in the Second Degree.
When Measure 11 applies, it can mean:
mandatory prison time (not probation),
restricted sentence reductions,
and a very different defense posture from day one.
What can make an assault case more serious?
Even when the same “assault” word is used, the degree (and exposure) can shift fast based on allegations such as:
Type of injury: “physical injury” vs. “serious physical injury”
Weapon allegations: “dangerous” or “deadly weapon” definitions
Protected victims / special categories: certain alleged victims can trigger elevated charges under specific statutes (this is highly fact-dependent and statute-specific).
Domestic-violence context: may lead to additional conditions (no-contact orders) and can affect charging decisions.
What happens after an assault arrest in Oregon?
If you (or a family member) need a realistic picture of what comes next, it often looks like this:
Arrest / citation → release conditions may include no-contact and firearm restrictions.
Arraignment → charges are formally read; bail/release is addressed.
Protective orders / no-contact orders → these can apply immediately and are easy to violate unintentionally.
Discovery + investigation → reports, photos, medical records, witness statements, and (often) body-worn camera footage.
Negotiation / motion practice → self-defense, identification, injury proof, and credibility issues are common battlegrounds.
Resolution → dismissal, diversion (when available), plea, or trial—depending on degree and facts.
Frequently Asked Questions
“What’s the difference between misdemeanor and felony assault in Oregon?”
In general, Assault IV is commonly charged as a misdemeanor, while Assault III, II, and I are felonies (with II and I often carrying the most severe exposure, including Measure 11 mandatory minimums in qualifying cases). You can read our comprehensive guide on this topic here.
“Can assault charges be dropped in Oregon?”
Yes, charges can sometimes be reduced or dismissed, but outcomes depend on evidence issues (injury proof, witness credibility, self-defense, identification, inconsistent statements, video, and more). Nothing about an assault charge is “automatic.”
“Do I need a lawyer for an assault charge?”
If you’re facing a felony, a domestic-violence related case, or anything potentially Measure 11, getting counsel early matters because release conditions, no-contact orders, and early statements often shape the case.
“Is Assault II really Measure 11?”
Assault II is listed as a Measure 11 offense and can carry mandatory minimum prison in qualifying cases.
“How long can you go to jail for Assault IV?”
A Class A misdemeanor in Oregon carries up to 364 days.
“What counts as ‘serious physical injury’ in Oregon?”
It’s defined by statute and is more than “it hurt.” Oregon defines it in terms of substantial risk of death or serious, protracted disfigurement/impairment.
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