Assault 2 Oregon Sentence Calculator

Question 1

Is Assault II a Measure 11 offense in Oregon?

Accepted Answer

Yes, Assault in the Second Degree (ORS 163.175) is a Measure 11 offense with a mandatory minimum sentence of 70 months (5 years 10 months). This minimum must be served in full without the possibility of early release, parole, or good time credits.

Question 2

What is the statutory maximum sentence for Assault II?

Accepted Answer

As a Class B felony, Assault II carries a statutory maximum sentence of 10 years (120 months) imprisonment. The court cannot exceed this maximum, even with aggravating factors.

Question 3

Does prior criminal record reduce the mandatory minimum?

Accepted Answer

No. The Measure 11 mandatory minimum of 70 months cannot be reduced by any factor, including prior criminal history, plea agreements, or mitigating circumstances. However, prior criminal history and aggravating factors may influence whether the court imposes a sentence above the mandatory minimum, up to the 10-year statutory maximum.

Question 4

What conduct constitutes Assault II under Oregon law?

Accepted Answer

Under ORS 163.175, Assault II includes: (1) intentionally or knowingly causing serious physical injury to another person, or (2) recklessly causing serious physical injury to another under circumstances manifesting extreme indifference to the value of human life.

Question 5

What is the difference between Assault I and Assault II?

Accepted Answer

Assault I (ORS 163.185) is a Class A felony with a 90-month mandatory minimum and requires causing serious physical injury with a deadly weapon or under other specific circumstances. Assault II (ORS 163.175) is a Class B felony with a 70-month mandatory minimum and may involve serious physical injury intentionally, knowingly, or recklessly caused. The key differences are the severity of circumstances and the length of the mandatory minimum sentences.

Question 6

Can the charge be reduced to Assault III or a lesser offense?

Accepted Answer

In some cases, prosecutors may offer a plea agreement that reduces the charge to Assault III (ORS 163.165) or another lesser offense that is not subject to Measure 11 mandatory minimums. Whether such a reduction is possible depends on the specific facts of the case, the strength of the evidence, and prosecutorial discretion. An experienced criminal defense attorney can evaluate your case and negotiate with prosecutors on your behalf.

Question 7

What is "serious physical injury" under Oregon law?

Accepted Answer

Under ORS 161.015(8), "serious physical injury" means physical injury that creates a substantial risk of death or causes serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ.

Question 8

What are potential defenses to an Assault II charge?

Accepted Answer

Defenses may include self-defense, defense of others, lack of intent (if the injury was accidental), insufficient evidence of serious physical injury, or challenges to witness credibility. Each case is unique, and potential defenses depend on the specific facts. Consult with a criminal defense attorney to evaluate defenses in your case.

Question 9

Will I have to pay restitution to the victim?

Accepted Answer

In addition to imprisonment and potential fines, Oregon courts typically order defendants to pay restitution to victims for economic losses, including medical expenses, lost wages, and other damages directly resulting from the crime. The amount of restitution is determined based on evidence presented to the court.

Question 10

How does this calculator determine the heuristic estimate?

Accepted Answer

The heuristic estimate is an educational tool that applies a simplified formula based on criminal history category and aggravating factors. It uses diminishing returns for multiple aggravators and adds an uncertainty band. This estimate is NOT an official guideline and should not be relied upon for legal decision-making. Actual sentencing depends on many factors not captured by this calculator.

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