How does assault in the fourth degree go from a misdemeanor to a felony crime?
Ordinarily a charge of assault in the fourth degree is a Class A misdemeanor; however, an assault in the fourth degree becomes a Class C felony if the defendant: (a) Has previously been convicted of assaulting the same victim; (b) Has previously been convicted at least three times of assault and all of the assaults involved domestic violence; (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; or (d) The person commits the assault knowing that the victim is pregnant. What about “aggravated assault” or “assault with a deadly weapon?” Oregon doesn’t use those terms in this state’s criminal code, although if someone is assaulted with a gun, the state may add the words “with a firearm” such as assault in the first degree with a firearm. What is meant by “domestic violence?” Domestic violence is a term that refers to abuse between family or
