MEASURE 11 ASSAULT DEFENSE
Measure 11 assault charges should be taken very seriously. If you’re convicted of a Measure 11 felony, you will not have the option of a reduced sentence, and you cannot receive reduced time in prison–even for good behavior–once convicted.
1st Degree or 2nd Degree Assault in Oregon carries serious penalties. Individuals convicted of this offense get a minimum of 7 years, 6 months in prison, regardless of external circumstances that affected the crime. There are many factors that go into successfully defending a charge of felony assault under Measure 11 in Oregon. Having an experienced Criminal Defense Attorney on your side can mean the difference between a long prison term, or your freedom. Attorney Robert L. Sepp has a special understanding of the legal rights of victims and the successful defense of those accused. He works diligently to protect the rights of his clients to the best possible end outcome.
JUVENILES CHARGED WITH MEASURE 11 ASSAULT
If you’re a juvenile charged with Assault, it’s even more important to have an experienced Measure 11 assault attorney on your case. If you are between the ages of 15 and 17, you will be charged as an adult under Measure 11. The same minimum sentencing applies, and there is no option for a reduced sentence, either with your conviction or once imprisoned. Many 1st degree and 2nd-degree assault charges stem from fights that just got out of hand. You may be arrested for assault even if you didn’t begin the confrontation.
It takes an experienced and creative criminal defense attorney to find ways to avoid being charged under Measure 11. If an attorney can find a way to exclude your case from being considered a Measure 11 Assault, your odds of a reduced sentence, or time off for good behavior, are far better.
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MEASURE 11 ASSAULT CHARGES IN OREGON
In Oregon, assault is defined as intentionally or recklessly causing injury to someone else, intentionally placing another person in reasonable danger of physical injury, or touching another individual with the intent to injure. Again, this definition applies to all persons above the age of 15 in Oregon. Here is the legal definition of Measure 11 assault charges:
- A person commits the crime of assault in the first degree if the person:
- (a)Intentionally causes serious physical injury to another by means of a deadly or dangerous weapon;
- (b)Intentionally or knowingly causes serious physical injury to a child under six years of age;
- (c)Violates ORS 163.175 (Assault in the second degree)knowing that the victim is pregnant; or
- (d)Intentionally, knowingly or recklessly causes serious physical injury to another while operating a motor vehicle under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants) and:
- (A)The person has at least three previous convictions for driving while under the influence of intoxicants under ORS 813.010 (Driving under the influence of intoxicants), or its statutory counterpart in any jurisdiction, in the 10 years prior to the date of the current offense; or
- (B)(i) The person has a previous conviction for any of the crimes described in subsection (2) of this section, or their statutory counterparts in any jurisdiction; and
- (ii)The victims’ death or serious physical injury in the previous conviction was caused by the person driving a motor vehicle.
- The previous convictions to which subsection (1)(d)(B) of this section apply are:
- (a)Manslaughter in the first degree under ORS 163.118(Manslaughter in the first degree);
- (b)Manslaughter in the second degree under ORS 163.125(Manslaughter in the second degree);
- (c)Criminally negligent homicide under ORS 163.145(Criminally negligent homicide);
- (d)Assault in the first degree under this section;
- (e)Assault in the second degree under ORS 163.175 (Assault in the second degree); or
- (f)Assault in the third degree under ORS 163.165 (Assault in the third degree).
- Assault in the first degree is a Class A felony.
- It is an affirmative defense to a prosecution under subsection (1)(d)(B) of this section that the defendant was not under the influence of intoxicants at the time of the conduct that resulted in the previous conviction. [1971 c.743 §94; 1975 c.626 §2; 1977 c.297 §1; 2005 c.513 §1; 2007 c.867 §3; 2009 c.785 §2]
MEASURE 11 SECOND DEGREE ASSAULT CHARGES
- According to Oregon Revised Statute § 163.175, a person commits the crime of assault in the second degree if the person:
- (a)Intentionally or knowingly causes serious physical injury to another;
- (b)Intentionally or knowingly causes physical injury to another by means of a deadly or dangerous weapon; or
- (c)Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life.
- Assault in the second degree is a Class B felony. [1971 c.743 §93; 1975 c.626 §1; 1977 c.297 §2; 2005 c.22 §110]
Robert L. Sepp, Attorney at Law has many years of experience with a wide range of crimes, including Measure 11 assault defense. He fights for his clients’ rights for continued freedom. If you have been charged with Measure 11 assault, please contact him today. If you’re a juvenile or are a guardian of a juvenile charged with this offense, it’s even more important to hire an experienced Measure 11 assault attorney.
Attorney Sepp offers free consultations for select cases.
Located in West Linn, Robert L. Sepp, Attorney at Law is proud to represent clients in the Portland metro area, Willamette Valley, Oregon Coast, Bend, Medford, Eugene and throughout the entire state of Oregon.