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  1. #1
    weyco1 is offline Junior Member
    Join Date
    Feb 2005
    Location
    Corvallis,OR
    Posts
    1

    Unhappy Assault 4 what is it?

    What is the name of your state? Oregon

    My girlfriend and I got it a fight on the way home from the bar the other night in the car. I was driving. She hit me in the face for taking a CD out of the player. While watching the road I hit her back and hit her in the face.. She called the cops and filed a complaint. Cops called me the next day and I got a ride up to Salem for questioning where I was arrested on Assault 4 charges with a TRO placed on me not to have any contact with her.

    What is assalut 4??
    I have never had an asault charge and wonder what is going to happen to me?
    I just spent one night in jail while waiting for bail and I have court at 8:30 am tomorrow..
  2. #2
    TomHartmann is offline Member
    Join Date
    Mar 2003
    Location
    Oregon
    Posts
    172

    Defination of Assault 4 in Oregon

    163.160 Assault in the fourth degree. (1) 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.

    (2) Assault in the fourth degree is a Class A misdemeanor.

    (3) Notwithstanding subsection (2) of this section, assault in the fourth degree is 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 under this section or under equivalent laws of another jurisdiction and all of the assaults involved domestic violence, as defined in ORS 135.230; or

    (c) The assault is committed in the immediate presence of, or is witnessed by, the person’s or the victim’s minor child or stepchild or a minor child residing within the household of the person or victim.

    (4) For the purposes of subsection (3) of this section, an assault is witnessed if the assault is seen or directly perceived in any other manner by the child. [1977 c.297 §5; 1997 c.694 §1; 1999 c.1073 §1]

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