Menacing in Oregon | Is It a Felony or a Misdemeanor? Sentencing Explained
Learn how Oregon law defines Menacing (ORS 163.190), its penalties, and whether it is a felony or misdemeanor. Understand sentencing ranges, defenses, and expungement eligibility.
Menacing is one of Oregon's most commonly misunderstood misdemeanor crimes. Many people worry whether a menacing charge means going to jail or if it counts as a felony. Understanding the legal definition under ORS 163.190 and the sentencing framework helps clarify what this charge actually means and what potential consequences you may face.
If you're searching for information about "menacing Oregon sentence," "is menacing a felony in Oregon," or "menacing charge Oregon," you're likely concerned about the seriousness of this offense and its potential impact on your life. The good news is that menacing is classified as a Class A misdemeanor in Oregon—not a felony—though it still carries significant penalties that require careful attention.
This comprehensive guide explains how Oregon Revised Statutes 163.190 defines menacing, the sentencing ranges under ORS 161.615 and ORS 161.635, typical sentencing outcomes, potential defenses, and expungement eligibility. This article provides educational information based on official Oregon law—it does not constitute legal advice.
Table of Contents
- What Is Menacing Under Oregon Law?
- Is Menacing a Felony or a Misdemeanor?
- Typical Sentencing Outcomes
- Related Offenses
- Possible Defenses
- Summary Table
- Legal References
- Frequently Asked Questions
What Is Menacing Under Oregon Law?
Under Oregon Revised Statutes 163.190, menacing is defined as:
"A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury."
Key Legal Elements
To secure a menacing conviction, the prosecution must prove beyond a reasonable doubt that:
- Intentional conduct: The defendant acted intentionally, not accidentally or negligently
- Fear of imminent harm: The victim reasonably believed serious physical injury was about to happen immediately (not at some future time)
- Serious physical injury standard: The threatened harm must be "serious physical injury," which means substantial risk of death, serious and protracted disfigurement, or protracted loss or impairment of the function of any bodily organ
Important Clarifications
Physical contact is NOT required: Unlike assault charges, menacing does not require any actual physical touching or injury. The crime is complete when the threatening words or conduct create a reasonable fear of imminent serious physical injury.
Words alone can constitute menacing: Verbal threats, combined with circumstances that make them credible, can support a menacing charge even without any physical gestures or actions.
The victim's fear must be reasonable: Courts evaluate whether a reasonable person in the victim's position would have feared imminent serious physical injury, not just whether the specific victim claimed to be afraid.
Is Menacing a Felony or a Misdemeanor?
Classification: Class A Misdemeanor
Menacing under ORS 163.190 is classified as a Class A misdemeanor in Oregon. This means:
- It is NOT a felony under standard circumstances
- It carries less severe penalties than any felony charge
- It is Oregon's most serious category of misdemeanor offense
- It may be charged as a felony only under specific enhanced circumstances (such as when involving restraining order violations, use of dangerous weapons, or repeat domestic violence situations under different statutes)
Maximum Penalties for Class A Misdemeanor
Under ORS 161.615 and ORS 161.635, Class A misdemeanors carry:
| Classification | Jail Time (Maximum) | Fine (Maximum) | Probation (Maximum) |
|---|---|---|---|
| Class A Misdemeanor | 364 days | $6,250 | 5 years |
Probation and Alternatives
While the statutory maximum is 364 days in jail and a $6,250 fine, judges have significant discretion to impose alternative sentences, particularly for first-time offenders:
- Probation: Supervised release with conditions such as anger management classes, no-contact orders, or community service
- Community service: Court-ordered volunteer work in lieu of jail time
- Diversion programs: Pre-trial diversion allowing charges to be dismissed upon successful completion of program requirements
- Fines and fees: Monetary penalties without jail time
Typical Sentencing Outcomes
While the maximum sentence for menacing is 364 days in jail, actual sentencing varies significantly based on individual circumstances, criminal history, and the presence of aggravating or mitigating factors.
First-Time Offender
Most common outcome: Probation or diversion program
- Typical sentence: 12-24 months of probation with conditions
- Jail time: Often avoided entirely, or replaced with community service
- Additional requirements: Anger management classes, mental health evaluation, no-contact orders
- Long-term impact: Eligible for expungement after 3 years if no subsequent offenses
Example scenario: A person with no prior criminal record who made verbal threats during a heated argument might receive 18 months of probation, 80 hours of community service, and mandatory anger management counseling with no jail time.
Repeat Offender
Most common outcome: Short jail sentence combined with probation
- Typical sentence: 15-90 days in jail, followed by probation
- Aggravating factors: Prior assaults, threats, or similar offenses significantly increase jail time
- Additional requirements: More intensive probation supervision, treatment programs
- Long-term impact: More difficult to obtain expungement due to pattern of behavior
Example scenario: A person with two prior assault or menacing convictions might receive 60 days in jail, followed by 24 months of probation with strict no-contact orders and mandatory counseling.
Aggravating Factors That Increase Sentences
The following factors often result in sentences closer to the maximum:
- Presence of a weapon: Even if not used, displaying a weapon during menacing dramatically increases potential jail time
- Domestic relationship: Menacing against a spouse, partner, or household member often triggers enhanced penalties and protective orders
- Prior assault or violence history: Pattern of threatening or violent behavior
- Victim vulnerability: Threats against children, elderly persons, or disabled individuals
- Violation of protective order: Menacing while under a restraining order or no-contact order
- Lack of remorse: Refusing to accept responsibility or showing no regret for actions
Mitigating Factors That Reduce Sentences
The following factors often result in lighter sentences:
- No physical injury: Absence of any actual physical harm or contact
- Immediate cooperation: Accepting responsibility early and cooperating with authorities
- Mental health treatment: Actively seeking treatment for underlying mental health issues
- Strong community ties: Employment, family support, and community involvement
- Isolated incident: No pattern of similar behavior
- Early plea agreement: Accepting responsibility without requiring trial
Using Our Sentencing Calculator
To estimate presumptive sentencing ranges based on your specific circumstances, use our Oregon Class A Misdemeanor Sentencing Calculator. This tool helps you understand potential outcomes by considering factors such as criminal history, aggravating circumstances, and case-specific details.
Related Offenses
Menacing is often confused with or charged alongside other Oregon criminal offenses. Understanding these distinctions helps clarify what conduct falls under which statute.
Assault in the Fourth Degree (ORS 163.160)
Key difference: Assault in the fourth degree requires actual physical injury to the victim, whereas menacing requires only the threat of injury.
Statute: ORS 163.160 defines assault in the fourth degree as intentionally, knowingly, or recklessly causing physical injury to another person.
Classification: Class A misdemeanor
When charged together: Prosecutors may charge both menacing and assault in the fourth degree when threatening conduct escalates to actual physical contact and injury.
Learn more: Use our Oregon Assault 4 Sentencing Calculator to understand sentencing ranges for assault charges.
Harassment (ORS 166.065)
Key difference: Harassment involves offensive physical contact or certain categories of verbal abuse that alarm or annoy, but does not require creating fear of serious physical injury.
Statute: ORS 166.065 covers unwanted physical touching, following, or communications intended to harass.
Classification: Class B misdemeanor (less serious than menacing)
Comparison: If conduct creates fear of serious injury, it may be charged as menacing; if it merely annoys or alarms without threatening serious injury, it may be charged as harassment.
Disorderly Conduct (ORS 166.023)
Key difference: Disorderly conduct involves creating a public disturbance that causes inconvenience, annoyance, or alarm, but does not require specific threats of serious physical injury.
Statute: ORS 166.023 covers public fighting, making unreasonable noise, or creating a hazardous or offensive condition.
Classification: Class B misdemeanor
Comparison: Disorderly conduct is broader and less specific than menacing, often involving public disturbances rather than targeted threats against specific individuals.
When Multiple Charges Apply
In many cases, prosecutors charge multiple offenses based on the same incident:
- A bar fight might result in charges of disorderly conduct (public disturbance), menacing (verbal threats), and assault in the fourth degree (actual physical contact)
- Domestic disputes often result in charges of both menacing and harassment
- Plea negotiations frequently involve dismissing some charges in exchange for pleading guilty to others
Possible Defenses
The following are general categories of defenses that Oregon criminal defense attorneys may raise in menacing cases. This information is educational and does not constitute legal advice—actual defense strategies must be developed by a licensed Oregon attorney based on the specific facts of your case.
Lack of Intent to Threaten
Defense: The defendant did not intentionally attempt to place the victim in fear of serious physical injury.
Examples:
- Words taken out of context or misunderstood
- Conduct misinterpreted as threatening when no threat was intended
- Statements made in jest or as hyperbole without intent to threaten
Legal standard: The prosecution must prove intentional conduct; mere negligence or accidental conduct is not sufficient for conviction.
No Reasonable Fear of Imminent Harm
Defense: A reasonable person in the victim's position would not have feared imminent serious physical injury.
Examples:
- Threats regarding future conduct rather than immediate action
- Vague statements that do not reasonably threaten serious injury
- Circumstances that made the alleged threat clearly not credible
Legal standard: The fear must be of imminent (immediate) harm, not future harm, and must be reasonable under the circumstances.
Self-Defense or Defense of Others
Defense: The defendant's conduct was necessary to protect themselves or others from imminent harm.
Examples:
- Making threats to ward off an aggressor who was attacking first
- Warning someone to stop advancing when they posed a threat
- Protective conduct toward a third party who was being threatened
Legal standard: Oregon law permits reasonable force or threats of force to prevent imminent harm to oneself or others.
Mutual Argument or Combat
Defense: Both parties engaged in a mutual confrontation, and the defendant's conduct was not the primary cause of the situation.
Examples:
- Both parties exchanging threats during a heated argument
- Escalating verbal conflict with no clear aggressor
- Provocation by the alleged victim that precipitated the defendant's response
Legal standard: While not a complete defense, mutual combat may reduce culpability or provide leverage in plea negotiations.
False Accusation
Defense: The alleged victim fabricated or exaggerated the incident.
Examples:
- No witnesses or evidence corroborating the victim's account
- Victim has motive to lie (custody dispute, restraining order petition, etc.)
- Video or witness testimony contradicting victim's claims
Legal standard: The prosecution must prove guilt beyond a reasonable doubt; inconsistencies in the victim's account may create reasonable doubt.
Constitutional Defenses
Defense: The defendant's words were protected speech under the First Amendment.
Examples:
- Political or artistic expression that was not a true threat
- Hyperbolic statements that no reasonable person would interpret as genuine threats
- Speech that falls within protected categories
Legal standard: True threats are not protected by the First Amendment, but vague or hyperbolic statements may be protected speech.
Important reminder: Actual defense strategies depend on the specific facts of each case and should be developed in consultation with a qualified Oregon criminal defense attorney who can evaluate evidence, witness credibility, and applicable legal precedents.
Summary Table
| Topic | Key Facts |
|---|---|
| Statute | ORS 163.190 |
| Crime Type | Class A Misdemeanor |
| Definition | Intentionally attempting to place another person in fear of imminent serious physical injury |
| Jail Range | Up to 364 days |
| Fine | Up to $6,250 |
| Probation | Up to 5 years |
| Common Sentencing (First Offense) | Probation or diversion program with no jail time |
| Common Sentencing (Repeat Offense) | 15-90 days jail followed by probation |
| Physical Contact Required? | ❌ No |
| Measure 11 | ❌ Not applicable (Measure 11 applies only to certain felonies) |
| Expungement Waiting Period | ✅ 3 years (if eligible under ORS 137.225) |
| Firearm Restrictions | May be imposed as condition of probation or protective order |
| Domestic Violence Enhancement | Possible if victim is spouse, partner, or household member |
Legal References
All information in this article is based on official Oregon statutes and administrative rules:
- ORS 163.190 — Menacing: Defines the crime of menacing and its elements
- ORS 161.615 — Maximum Sentences for Misdemeanors: Establishes maximum jail sentences for Class A, B, and C misdemeanors
- ORS 161.635 — Fines for Misdemeanors: Establishes maximum fines for misdemeanor convictions
- ORS 137.225 — Expungement Eligibility: Sets forth waiting periods and requirements for expunging misdemeanor convictions
- ORS 163.160 — Assault in the Fourth Degree: Related offense involving actual physical injury
- ORS 166.065 — Harassment: Related offense involving offensive physical contact or alarming conduct
- ORS 166.023 — Disorderly Conduct: Related offense involving public disturbances
- OAR 213-004-0001 — Oregon Sentencing Guidelines Grid: Administrative rules governing sentencing calculations
Frequently Asked Questions
Q1: Is menacing in Oregon considered domestic violence?
A: Menacing can be classified as domestic violence if the victim is a spouse, intimate partner, former spouse, someone with whom the defendant has a child, or a household member. When menacing is charged as domestic violence, it may carry enhanced penalties including mandatory protective orders, firearm restrictions, and more intensive probation supervision. Domestic violence designations can also affect child custody proceedings, employment opportunities, and housing eligibility.
Q2: Can menacing charges be dropped?
A: Yes, menacing charges can potentially be dropped or dismissed if the prosecution cannot prove all elements of the crime beyond a reasonable doubt. Common reasons for dismissal include lack of evidence showing intentional conduct, insufficient proof that the victim had reasonable fear of imminent serious physical injury, contradictory witness testimony, or credible defenses such as self-defense or false accusation. An experienced Oregon criminal defense attorney can evaluate your case and identify potential grounds for dismissal or reduction of charges.
Q3: Can menacing be expunged in Oregon?
A: Yes, menacing convictions can often be expunged in Oregon after a three-year waiting period. To be eligible for expungement under ORS 137.225, you must: (1) have no new arrests or convictions during the three-year waiting period; (2) have paid all fines, fees, and restitution in full; (3) have no pending criminal charges; and (4) meet other statutory eligibility requirements. Successfully expunging a menacing conviction removes it from your public criminal record, making it generally unavailable to employers, landlords, and others conducting background checks. Consult with an attorney to evaluate your specific eligibility for expungement.
Q4: What's the difference between menacing and assault in Oregon?
A: The key difference is that menacing requires only threatening conduct that creates fear of imminent serious physical injury, while assault in the fourth degree requires actual physical injury to the victim. Menacing can be committed with words alone or threatening gestures without any physical contact, whereas assault requires that the defendant actually caused physical injury through hitting, striking, or other physical contact. Both are Class A misdemeanors with the same maximum penalties (364 days jail, $6,250 fine), but assault charges typically result in more severe sentences because actual harm occurred.
Conclusion
Menacing under ORS 163.190 is a Class A misdemeanor in Oregon, not a felony, carrying maximum penalties of 364 days in jail and $6,250 in fines under ORS 161.615 and ORS 161.635. While these are the statutory maximums, actual sentencing outcomes vary significantly based on criminal history, case circumstances, and the presence of aggravating or mitigating factors.
First-time offenders often receive probation or diversion programs without jail time, while repeat offenders may face short jail sentences. Understanding the elements of the crime—intentional conduct creating fear of imminent serious physical injury—helps clarify what behavior constitutes menacing and what defenses may be available.
If you're facing menacing charges in Oregon, consulting with an experienced criminal defense attorney is essential to protect your rights, evaluate potential defenses, negotiate favorable plea agreements, and preserve your long-term options for expungement and record clearing.
For estimating sentencing ranges based on your specific circumstances, use our Oregon Class A Misdemeanor Sentencing Calculator to understand potential outcomes. For related charges, explore our calculators for Assault in the Fourth Degree and other Oregon criminal offenses.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Sentencing outcomes vary depending on specific facts, plea agreements, and judicial discretion. Always consult a qualified Oregon criminal defense attorney for case-specific guidance.
Last updated: October 24, 2025 — Compiled and reviewed by Calvin Sun (Legal Research, FreeCalculators.app)