There are several types of “domestic violence” (DV) charges in Oregon. How you are treated and what your defenses may be depends on which county your case was filed in, as well as additional factors such as the particular facts of your case, prior criminal history (if any), whether children were present and so on.

• ‘PERSON CRIMES’ DEFINED OAR 213-003-0001

‘Person Crime’ is a designation given under Oregon law to certain specific offenses that involve offensive person to person conduct. Person crimes can be either person felonies or person misdemeanors. If someone is convicted of a person crime, the designation itself has little impact at time of sentencing. Where these offenses really come into play is when an individual who has previously been convicted of a person crime is sentenced on a new felony charge. At that point any prior person crimes in the individual’s past will serve to greatly enhance his or her sentence pursuant to the Oregon Criminal Justice Commission Sentencing Guidelines Grid.

• HARASSMENT (non sexual) ORS 166.065

This is the lowest level offense that someone is likely to face when arrested following a domestic disturbance. A Class ‘B’ misdemeanor, it is also the only DV offense that is not a person crime. Generally, any time one person makes unwanted physical contact with another person and the offended party reports it to the police, the crime of harassment is charged. Harassment is also the most common charge that is pleaded down to in DV cases. That is to say the district attorney (DA) may agree to drop more serious charges (Assault-4) for a plea to Harassment during negotiations with defense counsel.

• ASSAULT IN THE FOURTH DEGREE ORS 163.160

Assault-4, as it is commonly known, is probably the most common offense charged in DV cases.       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.

Generally, Assault-4 is a Class ‘A’ misdemeanor, unless it was committed in the presence of a child or the person charged with the assault has previously been convicted of assaulting the same person, when it is charged as a Class ‘C’ felony.

• OTHER CRIMES OF DOMESTIC VIOLENCE

Harassment and Assault-4 are by far the most common offenses charged by the DA when someone is arrested following a domestic disturbance. However, there are many other offenses that individual can find themselves charged with after being arrested following a domestic disturbance. Many Oregon counties offer ‘domestic violence diversion’ programs or ‘deferred sentencing’ programs that can eventually end in dismissal of the charges (after months of counseling and treatment). An experienced Oregon criminal defense attorney with a solid background handling crimes of domestic violence can be crucial to the navigating the quagmire of these cases and helping you determine the best possible outcome.

Contact Domestic Violence Defense Attorney Squire Bozorth today to discuss your case.

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