Oregon Assault Charges: Degrees, Penalties & Measure 11

Oregon grades assault in four degrees. Assault in the fourth degree is usually a Class A misdemeanor, assault in the third degree is usually a Class C felony, assault in the second degree is a Class B felony, and assault in the first degree is a Class A felony — and the top two carry Measure 11 mandatory prison terms of 70 and 90 months.

The degree turns on how badly the other person was hurt, whether a weapon was involved, and what mental state the state can prove.

This article is general information, not legal advice, and creates no attorney-client relationship. The assault statutes are ORS 163.160 to 163.185 in Chapter 163, and the penalty ranges are in ORS Chapter 161. For related reading see our guides to Oregon DUII charges and diversion and Oregon protection orders, and our criminal defense practice.

Table of Contents

• ➤ There Is No “Aggravated Assault” in Oregon
• ➤ The Words That Decide the Degree
• ➤ Assault in the Fourth Degree (ORS 163.160)
• ➤ Assault in the Third Degree (ORS 163.165)
• ➤ Assault in the Second Degree (ORS 163.175)
• ➤ Assault in the First Degree (ORS 163.185)
• ➤ Maximum Penalties at a Glance
• ➤ Measure 11 Mandatory Minimums
• ➤ Strangulation and Menacing
• ➤ Self-Defense in Oregon
• ➤ Firearms and Other Consequences
• ➤ Assault Cases in Portland and Multnomah County
• ➤ What to Do If You Are Charged
• ➤ Frequently Asked Questions
• ➤ Talk to a BFQ Law Oregon Attorney

There Is No “Aggravated Assault” in Oregon

Oregon’s criminal code does not use the term “aggravated assault”. What other states call aggravated assault — a serious injury, or an attack with a weapon — usually maps onto Oregon’s second or first degree, the two degrees that carry mandatory prison. If you are told you face an “aggravated” charge in Portland, find out exactly which statute and subsection is on the charging document.

The Words That Decide the Degree

Most assault cases are fought over definitions in ORS 161.015:

Term	Statutory definition	Used in
Physical injury	“Impairment of physical condition or substantial pain”	Assault IV and most Assault III
Serious physical injury	Physical injury that creates a substantial risk of death, or causes serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ	Assault I and most Assault II
Deadly weapon	An instrument, article or substance “specifically designed for and presently capable of causing death or serious physical injury”	Usually firearms, or knives designed as weapons
Dangerous weapon	Anything that, “under the circumstances in which it is used, attempted to be used or threatened to be used,” is readily capable of causing death or serious physical injury	A boot, bottle, car or bat, depending on use

Mental state matters too. The statutes distinguish conduct done intentionally, knowingly, recklessly and with criminal negligence. A serious injury caused intentionally with a weapon is first degree. The same injury caused recklessly with a weapon is usually third degree, or second degree if the conduct showed extreme indifference to the value of human life.

Assault in the Fourth Degree (ORS 163.160)

Under ORS 163.160, a person commits assault in the fourth degree by:

• Intentionally, knowingly or recklessly causing physical injury to another;
• With criminal negligence, causing physical injury to another by means of a deadly weapon; or
• With criminal negligence, causing serious physical injury to a vulnerable user of a public way (a pedestrian or cyclist, for example) by means of a motor vehicle.

It is a Class A misdemeanor. This is the usual charge for fights that leave a bruise or real pain. For the civil side of vulnerable-user crashes, see our guide to Portland bicycle accident claims.

The felony upgrade. Assault IV under the first two theories becomes a Class C felony if any of the following is true:

• The assault happened in the immediate presence of, or was witnessed by, the defendant’s or the victim’s minor child or stepchild, or a minor child living in either household. “Witnessed” includes being directly perceived in any manner, so hearing it can be enough.
• The defendant has a prior conviction for assault, strangulation or menacing (or an out-of-state equivalent) involving the same victim.
• The defendant has at least three such prior convictions, against anyone.
• The defendant knew the victim was pregnant.
• The victim was performing official duties of their job, and the defendant has two or more prior assault convictions, at least two involving on-duty victims.

The last item was added by Senate Bill 170 (Oregon Laws 2025, chapter 327), effective January 1, 2026.

Most of these triggers arise in domestic cases. When a misdemeanor Assault IV conviction constitutes domestic violence, the judgment must say so — a label that can surface later in firearm checks and in custody disputes like those covered in our guide to how Oregon courts decide custody.

Assault in the Third Degree (ORS 163.165)

ORS 163.165 collects a mix of situations. The main ones are:

• Recklessly causing serious physical injury with a deadly or dangerous weapon, or under circumstances manifesting extreme indifference to the value of human life;
• Recklessly causing physical injury with a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life;
• Intentionally or knowingly causing physical injury while aided by another person actually present (a two-on-one assault);
• Being at least 18 and intentionally or knowingly causing physical injury to a child 10 or younger; and
• Causing physical injury to certain on-duty workers: a transit or taxi operator in control of the vehicle (by means other than a motor vehicle), an emergency medical services provider, or a flagger or highway worker; or, while committed to a youth correction facility, intentionally or knowingly injuring an on-duty staff member.

Assault III is a Class C felony, rising to a Class B felony under the serious-injury theories when the defendant was driving under the influence of intoxicants. It carries no Measure 11 minimum, but a prior Assault III conviction from the previous 10 years can block sentencing relief in a later Measure 11 case.

Assault in the Second Degree (ORS 163.175)

Under ORS 163.175, assault in the second degree is committed by:

• Intentionally or knowingly causing serious physical injury to another;
• Intentionally or knowingly causing physical injury to another by means of a deadly or dangerous weapon; or
• Recklessly causing serious physical injury by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life.

It is a Class B felony and a Measure 11 offense. The second theory requires only physical injury if a deadly or dangerous weapon was used, so a cut from a thrown glass can be charged as Assault II.

Assault in the First Degree (ORS 163.185)

ORS 163.185 defines the most serious degree. A person commits assault in the first degree by:

• Intentionally causing serious physical injury by means of a deadly or dangerous weapon;
• Intentionally or knowingly causing serious physical injury to a child under six;
• Committing Assault II knowing the victim is pregnant; or
• Causing serious physical injury while driving under the influence of intoxicants, where the driver has at least three DUII-type convictions in the prior 10 years, or a prior conviction for manslaughter, criminally negligent homicide or assault in which the death or injury was caused by the person driving.

Assault I is a Class A felony and a Measure 11 offense. The DUII theory was last amended by House Bill 2316 (Oregon Laws 2023, chapter 498), effective January 1, 2024.

Maximum Penalties at a Glance

Oregon sets maximum prison terms by class in ORS 161.605 and 161.615 and maximum fines in ORS 161.625 and 161.635. Most felony sentences are set by the sentencing guidelines, well below these maximums.

Offense	Class	Maximum incarceration	Maximum fine	Measure 11 minimum
Assault IV	Class A misdemeanor	364 days	$6,250	None
Assault IV, felony	Class C felony	5 years	$125,000	None
Assault III	Class C felony (Class B if DUII serious injury)	5 years (10 if Class B)	$125,000 ($250,000 if Class B)	None
Assault II	Class B felony	10 years	$250,000	70 months
Assault I	Class A felony	20 years	$375,000	90 months
Strangulation	Class A misdemeanor, or Class C felony	364 days, or 5 years	$6,250, or $125,000	None
Menacing	Class A misdemeanor	364 days	$6,250	None

Measure 11 Mandatory Minimums

Measure 11, codified at ORS 137.700, lists offenses for which the court “shall impose, and the person shall serve, at least the entire term of imprisonment listed.” For assault, that means 90 months (seven and a half years) for Assault I and 70 months (just under six years) for Assault II. No good-time or other reduction applies during that term.

There is one narrow exception for assault. Under ORS 137.712, a judge may sentence below the minimum for Assault II charged under the weapon theory (physical injury by means of a deadly or dangerous weapon) only if the court finds on the record that:

• The victim was not physically injured by means of a deadly weapon (so the exception mainly fits “dangerous” weapons, such as a bottle or a boot, not a gun or a knife designed as a weapon);
• The victim did not suffer a significant physical injury;
• The defendant has no previous conviction for a listed crime, which includes any Measure 11 offense and assault in the third degree; and
• A substantial and compelling reason justifies the lesser sentence.

Probation requires further findings. Assault I has no such exception. So the charge itself matters. Assault III is not a Measure 11 offense, so a conviction for Assault III instead of Assault II carries no mandatory minimum for that count.

Strangulation and Menacing

Two related offenses are often charged alongside assault. Strangulation, under ORS 163.187, is knowingly impeding another person’s normal breathing or blood circulation by applying pressure to the throat, neck or chest, or by blocking the nose or mouth. No visible injury is required. It is a Class A misdemeanor, but a Class C felony if the victim is a family or household member, the victim is under 10, a child witnessed it, a dangerous or deadly weapon was used or threatened, the victim was known to be pregnant, or the defendant has qualifying prior convictions. Most domestic strangulation charges are therefore felonies.

Menacing, under ORS 163.190, is intentionally attempting, by word or conduct, to place another person in fear of imminent serious physical injury. No one has to be touched. It is a Class A misdemeanor, and as with Assault IV the judgment must reflect domestic violence where it is an element of the crime.

Self-Defense in Oregon

Under ORS 161.209, a person may use physical force to defend themselves or a third person from what they reasonably believe is the use or imminent use of unlawful physical force, and may use the degree of force they reasonably believe is necessary. Deadly physical force is more restricted: ORS 161.219 allows it only against a reasonably perceived felony involving force against a person, a burglary in a dwelling, or unlawful deadly physical force.

Self-defense is not available to someone who provoked the force with intent to injure, to an initial aggressor who did not withdraw and effectively communicate the withdrawal, to a participant in a fight by agreement, or to someone who would not have used force but for discovering the other person’s actual or perceived gender, gender identity, gender expression or sexual orientation (ORS 161.215). Once self-defense is raised, the state must disprove it beyond a reasonable doubt (ORS 161.055).

Firearms and Other Consequences

A felony conviction generally ends lawful firearm possession, and some misdemeanors do too. Under ORS 166.255, a person convicted of a misdemeanor that has, as an element, the use or attempted use of physical force or the threatened use of a deadly weapon may not possess firearms or ammunition if, at the time of the offense, they were a family or household member, parent or guardian of the victim. Federal law, 18 U.S.C. § 922(g)(9), separately bars possession by anyone convicted of a misdemeanor crime of domestic violence.

Convictions can also affect immigration status, licenses, housing and parenting time. A parallel restraining-order case runs separately, and what you say in one can be used in the other.

Assault Cases in Portland and Multnomah County

An assault arrest in Portland is usually prosecuted by the Multnomah County District Attorney in Multnomah County Circuit Court. Its downtown locations include the Multnomah County Courthouse at 1200 SW 1st Avenue and the Justice Center at 1120 SW Third Avenue.

Under Article VII (Amended), section 5 of the Oregon Constitution, a felony assault must be charged by grand jury indictment unless the defendant knowingly waives indictment or is held to answer after a preliminary hearing.

What to Do If You Are Charged

• Follow every release condition exactly. A no-contact violation is a new problem, even if the other person initiated contact.
• Do not discuss the incident with the other person, online, or by text. Those messages become evidence.
• Preserve evidence now: video, photos of your injuries, and witness names.
• Get legal advice before any plea. A domestic-violence misdemeanor plea can carry firearm consequences that outlast the sentence.

Frequently Asked Questions

Is assault in the fourth degree a felony in Oregon? Usually not. It is a Class A misdemeanor, but it becomes a Class C felony if a child witnessed it, the victim was known to be pregnant, the defendant has a prior conviction involving the same victim or three prior qualifying convictions, or the workplace-victim provision applies.

What is the mandatory minimum for assault in Oregon? Under Measure 11, 90 months for Assault I and 70 months for Assault II. Assault III, Assault IV, strangulation and menacing have no Measure 11 minimum.

How long does the state have to file assault charges? Under ORS 131.125, generally three years for a felony and two years for a misdemeanor. Strangulation has longer periods: six years for the felony and four for the misdemeanor.

Does the victim decide whether charges are dropped? No. The district attorney decides. The victim’s wishes can influence that decision, but do not end the case.

Talk to a BFQ Law Oregon Attorney

Oregon assault cases come down to a few defined questions: what level of injury the evidence shows, whether anything counts as a dangerous weapon, what mental state the state can prove, and whether a fact like a child witness raises the charge. The answers can separate a misdemeanor from a Measure 11 felony.

Read about our attorneys and legal team and our criminal defense practice, or our guide to Oregon DUII charges. Reach us through our contact page. Nothing here promises an outcome, and every case turns on its own facts.