Why did I get charged with Felony Assault 3 when I punched a guy?

Assault (the act of causing physical injury to another person) has 4 different classifications. 

Assault 4 Defined

Assault 4 is the lowest classification and is an A Misdemeanor. This is an assault that occurs when a person intentionally, knowingly, or recklessly causes physical injury to another; or, with criminal negligence causes physical injury to another by means of a deadly weapon. Assault 4 usually is a misdemeanor, unless specific factors (such as a child witness being present).

Assault 3 Defined

The next level of assault is Assault 3. Assault 3 has a number of different possible factors, but the one that would be relevant in this scenario is a person commits the crime of assault 3 if the person, while being aided by another person actually present, intentionally, or knowingly causes physical injury to another. In this instance, if you were to assault, or punch, a person while being helped by another person, you could be charged with Assault 3, which is a C Felony.

Rob Crow
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Licensed to practice law in all State & Federal Courts in Oregon.
2 Comments
I assaulted a person in the 3rd I punched her causing no injury but she had attempted assault and she said she would kill me any advice to get my case dismissed
by Destiny Brunick September 26, 2019 at 10:01 PM
I was charged with assault 3 and my son was found not guilty I was sent to prison is that legal
by Randy Bracken August 15, 2018 at 03:24 PM
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