Assault in the Third Degree in Oregon: Laws & Sentencing
- Shawn Kollie
- 6 days ago
- 6 min read
If you or someone you care about is dealing with a charge of assault in the third degree in Oregon, it's important to understand the stakes. This type of charge isn't just another entry on a criminal record—it's a felony that can carry significant consequences. Unlike lower-level assault charges, assault in the third degree involves specific aggravating factors that make the offense more serious in the eyes of the law. At Oregon Gun Law, we understand how confusing and overwhelming this can be. This guide breaks down what assault in the third degree in Oregon means, how it differs from other assault charges, and what kind of penalties and legal options might be involved.
What Is Assault in the Third Degree in Oregon?
Assault in the third degree in Oregon is defined under ORS 163.165. This statute outlines various scenarios where a person can be charged, including:
Intentionally, knowingly, or recklessly causing physical injury to another person with a dangerous or deadly weapon.
Causing injury to a public employee, emergency medical technician, or certain other protected individuals while they are performing official duties.
Repeated assault offenses, especially when committed in front of a minor or against someone particularly vulnerable.
Recklessly causing serious injury under circumstances that show extreme indifference to the value of human life.
The presence of a weapon, a vulnerable victim, or prior offenses are what usually elevate a simple assault charge to assault in the third degree in Oregon.
Key Legal Terms to Understand
Here are a few definitions that often come up in assault in the third degree in Oregon cases:
Physical Injury: Impairment of a person’s physical condition or substantial pain.
Serious Physical Injury: Injury that creates a substantial risk of death, causes serious disfigurement, or prolonged impairment of health.
Recklessly: Consciously disregarding a substantial and unjustifiable risk.
Dangerous Weapon: Anything used in a way that can cause serious physical harm, including everyday objects like bottles or cars.
How Recklessness Plays a Role
Not all assault in the third degree charges stem from someone trying to hurt another person on purpose. In Oregon, you can be charged even if the injury happened due to recklessness. To meet the legal definition, your actions must have shown a conscious disregard for a clear risk. This could include:
Throwing objects in a crowded room
Driving aggressively in a school zone
Failing to control a dog you know is dangerous
In all these examples, the person didn’t necessarily intend to hurt someone, but they ignored an obvious danger that most people would avoid.
Types of Weapons Involved in Assault 3 Cases
The term "dangerous weapon" under Oregon law covers more than just guns and knives. The way something is used matters. For instance:
A baseball bat swung at someone's head
A broken glass bottle used as a weapon
A car used to run someone down
Even something like a belt or cellphone could qualify if used to inflict serious harm. The broader definition of "dangerous weapon" makes it easier for prosecutors to argue for a felony assault charge.
Penalties for Assault in the Third Degree in Oregon
Assault in the third degree in Oregon is typically classified as a Class C felony. However, it can be elevated to a Class B felony depending on the circumstances.
Class C Felony: Up to 5 years in prison and up to $125,000 in fines
Class B Felony: Up to 10 years in prison and up to $250,000 in fines
Whether or not someone serves prison time can depend on many factors, such as criminal history, plea agreements, and whether the court opts for probation or alternative sentencing. Some cases also fall under Oregon's sentencing guidelines, which can suggest or mandate specific outcomes.
Restitution and Financial Liability
In nearly all assault in the third degree cases, the defendant may be ordered to pay restitution. This isn’t a fine to the court—it’s money paid directly to the victim for things like:
Medical bills
Lost wages
Therapy costs
Property damage
Restitution is separate from fines and probation fees. The court can enforce restitution orders through wage garnishment or other means, and failing to pay can lead to further legal trouble.
Can You Get Probation for Assault 3?
Yes, in some cases. Probation may be offered instead of prison time, especially for first-time offenders. Conditions can include:
Regular check-ins with a probation officer
No contact with the victim
Community service
Substance abuse or anger management classes
Probation doesn’t mean the charge goes away. Violating probation terms can send you to prison to serve the original sentence.
Deferred and Suspended Sentences
For some people, especially those with little or no criminal history, the court may offer a deferred or suspended sentence:
Deferred Sentence: The sentence is postponed. If you meet all conditions (like staying out of trouble), charges may be dropped or reduced.
Suspended Sentence: A sentence is given but not carried out unless you break the rules of your probation.
Both options are generally only available through a plea deal and must be approved by the court.
How Assault in the Third Degree in Oregon Compares to Other Assault Charges
Oregon has several levels of assault charges, and understanding how assault in the third degree fits into that hierarchy is important.
Assault in the First Degree: Most serious. Involves serious physical injury with a deadly weapon or to a particularly vulnerable victim. Class A felony.
Assault in the Second Degree: Serious injury, often with a weapon or with the intent to disfigure or disable. Class B felony.
Assault in the Fourth Degree: Less severe injuries without aggravating factors. Usually, it is a Class A misdemeanor, but it can be a Class C felony under some conditions.
Assault in the third degree in Oregon sits between second and fourth-degree assault in terms of severity and punishment.
Measure 11 and Assault 3
Most third-degree assault charges are not subject to Measure 11—Oregon’s mandatory minimum sentencing law. However, if the case involves certain aggravating factors, like the use of a firearm or if the victim is a child, it might qualify under other sentencing enhancements.
Measure 11 generally applies to first and second-degree assault, where mandatory minimum prison sentences can be triggered. That said, a third-degree charge can still lead to substantial prison time, especially if the person has a criminal record.
Defending Against Assault in the Third Degree in Oregon
Every case is different, but here are some defense strategies that may apply:
Self-Defense: If you were trying to protect yourself or someone else.
Lack of Intent: You didn’t mean to hurt anyone, and it wasn’t reckless either.
False Accusation: The victim may be lying or exaggerating.
Insufficient Evidence: The state must prove every part of the charge beyond a reasonable doubt.
At Oregon Gun Law, we review the details of each case to find the best possible path forward. Even if the evidence seems stacked against you, there may be options to reduce the charge or avoid prison time.
Collateral Consequences of a Conviction
Being convicted of assault in the third degree in Oregon can cause problems that go far beyond a courtroom. Felony convictions create lasting barriers in almost every part of life:
You might lose your right to vote or own firearms.
You may find it difficult to pass background checks for jobs or housing.
You could be denied licenses needed for certain professions.
Immigration consequences can also follow, including detention or deportation.
Even once your sentence is completed, these issues may persist for years. That's why many people fight hard not just to avoid prison, but to avoid a felony conviction entirely.
Expungement and Future Relief
Under certain conditions, you might eventually be able to get an assault in the third degree conviction set aside or expunged in Oregon. But the process is strict and depends on several factors:
How much time has passed since your conviction
Whether you've completed all parts of your sentence
Whether you've committed any new crimes
Expungement doesn't happen automatically, and not every conviction qualifies. Working with an attorney can help you determine whether you're eligible to have your record cleared and how best to proceed.
Why Legal Representation Is Essential
The criminal justice system is complicated. From initial charges to plea deals to sentencing, having a knowledgeable attorney can make a big difference. Assault in the third degree in Oregon isn’t a charge you should try to handle on your own. Mistakes in court filings, missing a deadline, or misunderstanding your rights can have lifelong consequences.
Oregon Gun Law is here to make sure your side of the story is heard and your future is protected. We’ve helped many people across the state understand their options, reduce their charges, or avoid jail time entirely.
Third Degree Assault in Oregon Conclusion
Assault in the third degree in Oregon is more than just a legal charge—it’s a turning point. Whether the result of a bad decision, a misunderstanding, or something you didn’t intend to happen, this charge can follow you for years. But a charge doesn’t have to be the end of the story. With experienced legal help, you may be able to find a better path forward.
If you’re facing assault in the third degree in Oregon or want to talk about your options, contact Oregon Gun Law. Our team is here to provide honest answers, a strong defense, and personalized support. Let us help you move forward with confidence.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
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