Felony vs. Misdemeanor Assault in Oregon

The direct answer: What makes an assault charge a felony vs. a misdemeanor in Oregon?

In Oregon, Assault in the Fourth Degree (Assault IV) is typically filed as a Class A misdemeanor.

Assault becomes a felony when the alleged facts fit the statutes for Assault in the Third Degree (Assault III), Assault in the Second Degree (Assault II), or Assault in the First Degree (Assault I)—often involving allegations like serious injury, a weapon, protected victims, or specific high-risk circumstances.

Felony vs. Misdemeanor Assault in Oregon — Comparison

Misdemeanor Assault (Most common)

• Typical charge: Assault IV (ORS 163.160)

• Injury level: Usually “physical injury”

• Weapon involved: Usually no

• Exposure: Up to 364 days jail (Class A misdemeanor)

• Measure 11 risk: No

Felony Assault (More serious)

• Typical charges: Assault III (ORS 163.165), Assault II (ORS 163.175), Assault I (ORS 163.185)

• Injury level: Often “serious physical injury” or injury + aggravating factors

• Weapon involved: Often yes (or alleged)

• Exposure: Up to 5 / 10 / 20 years depending on felony class

• Measure 11 risk: Assault I and Assault II are Measure 11 mandatory minimum cases in many situations

The part most people don’t realize: Assault IV can become a felony

Even though Assault IV is commonly a misdemeanor, Oregon law includes circumstances where Assault IV can be charged as a Class C felony—including when an alleged Assault IV is committed in the presence of or witnessed by certain minor children in the household.

Why this matters: Someone can tell you “it’s just Assault IV,” but the facts the state alleges can change the filing level.

What usually flips an assault case into felony territory in Oregon?

Felony filings are commonly tied to one or more of these “triggers”:

1) Allegations of serious injury

The more serious the alleged injury, the more likely prosecutors consider felony assault statutes. (Medical records and “injury language” in reports matter a lot.)

2) Weapon allegations (even if you disagree)

A “deadly or dangerous weapon” allegation can move a case into felony categories depending on the statute and facts alleged.

3) Protected victims / role-based factors

Some assault statutes include felony-level treatment when the alleged victim is in a protected category (for example, certain workers performing official duties).

4) Extreme-indifference / reckless conduct allegations

Certain felony assault statutes include “extreme indifference” theories depending on how the state claims the injury occurred.

5) Case posture: when the DA reviews more evidence

A case may start as one thing on the street and change after the DA receives:

• medical records

• witness statements

• video evidence

• forensic documentation
  (That’s a common reason charges get amended up or down.)

If your paperwork says one of these, treat it seriously

• Assault IV (ORS 163.160): often misdemeanor — but verify whether the state is alleging a felony enhancement.

• Assault III (ORS 163.165): felony filing (often Class C; some circumstances differ).

• Assault II (ORS 163.175): felony; frequently treated as high-stakes because it appears on Oregon’s mandatory minimum statute (Measure 11).

• Assault I: felony; also listed under Measure 11.

Why “felony vs. misdemeanor” changes the entire case

Even before you get to the final outcome, the label can affect:

• how quickly the case moves

• whether the court treats the case as local-jail exposure vs. prison exposure

• bail / release decisions

• long-term consequences involving employment background checks, housing, and licensing

It also matters because Oregon’s Measure 11 statute (ORS 137.700) requires mandatory minimum prison terms for certain offenses listed in the law.

(For reference on maximum felony terms in Oregon by class, ORS 161.605 sets out the general maximums.

What to do right now if you’re facing an assault allegation

If you’re in that “what happens next” window, a few steps usually help prevent things from getting worse:

1. Do not contact the alleged victim (especially if a no-contact order is in place or could be issued).

2. Don’t assume the charge will stay the same after DA review.

3. Preserve helpful evidence (texts, call logs, photos, timestamps, witnesses, video).

4. Get legal advice early—especially if the paperwork suggests felony assault or anything Measure 11 related.