Experienced Oregon Criminal and DUII Defense Lawyer

Tag Archives: Eugene DUII lawyer

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Experienced Eugene Oregon Assault in the Third Degree Criminal Defense Attorney

Call Now for an Appointment – 541.345.4500

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Call 541-345-4500 now to schedule an appointment to speak about your Oregon criminal or DUI case.

 

The Duvall Law Office represents individuals accused of all types of criminal charges throughout Oregon. These include Measure 11 offenses, domestic violence and/or domestic or child abuse accusations (Assault, Menacing, Harassment, Coercion, Strangulation), all forms of sex abuse / sexual offenses as well as DUI (aka, Driving Under the Influence of Intoxicants, DUII, DWI or more commonly called “drunk driving”). One of the many offenses on which we provide defense is Assault in the Third Degree.

 

Oregon law defines Assault in the Third Degree as follows:

“ORS 163.165

Assault in the third degree

(1) A person commits the crime of assault in the third degree if the person:

(a) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon;

(b) Recklessly causes serious physical injury to another under circumstances manifesting extreme indifference to the value of human life;

(c) Recklessly causes physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life;

(d) Intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a public transit vehicle while the operator is in control of or operating the vehicle. As used in this paragraph, public transit vehicle has the meaning given that term in ORS 166.116 (Interfering with public transportation);

(e) While being aided by another person actually present, intentionally or knowingly causes physical injury to another;

(f) While committed to a youth correction facility, intentionally or knowingly causes physical injury to another knowing the other person is a staff member while the other person is acting in the course of official duty;

(g) Intentionally, knowingly or recklessly causes physical injury to an emergency medical services provider, as defined in ORS 682.025 (Definitions), while the emergency medical services provider is performing official duties;

(h) Being at least 18 years of age, intentionally or knowingly causes physical injury to a child 10 years of age or younger; or

(i) Intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a taxi while the operator is in control of the taxi.

(2)(a) Assault in the third degree is a Class C felony.

(b) Notwithstanding paragraph (a) of this subsection, assault in the third degree under subsection (1)(a) or (b) of this section is a Class B felony if:

(A) The assault resulted from the operation of a motor vehicle; and

(B) The defendant was the driver of the motor vehicle and was driving while under the influence of intoxicants.

(3) As used in this section:

(a) Staff member means:

(A) A corrections officer as defined in ORS 181.610 (Definitions for ORS 181.610 to 181.712), a youth correction officer, a youth correction facility staff member, a Department of Corrections or Oregon Youth Authority staff member or a person employed pursuant to a contract with the department or youth authority to work with, or in the vicinity of, inmates, youth or youth offenders; and

(B) A volunteer authorized by the department, youth authority or other entity in charge of a corrections facility to work with, or in the vicinity of, inmates, youth or youth offenders.

(b) Youth correction facility has the meaning given that term in ORS 162.135 (Definitions for ORS 162.135 to 162.205).”

 

If you are charged with Assault in the Third Degree, or any criminal offense within Oregon, contact the Duvall Law Office at 541-345-4500 to schedule an appointment.

 

The Duvall Law Office is based in Eugene, Oregon, and regularly represents individuals charged with criminal and DUI offenses in Lane County Circuit Court, Eugene Municipal Court and Springfield Municipal Court, as well as the surrounding courts of Cottage Grove Municipal Court, Coburg Municipal Court, and Junction City Municipal Court.

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Experienced Eugene Oregon Criminal & Drunk Drivng Defense Lawyer on Conditional Discharge Dismissal

Call Now for an Appointment – 541.345.4500

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Call the Duvall Law to schedule an appointment to discuss your Oregon criminal or DUII case:  541.345.4500.

Oregon law contains a provision that allows, under limited circumstances, the court to dismiss certain charges if the accused successfully completes a term of probation.  The process is called a “conditional discharge.”  Here is the statutory language allowing a Conditional Discharge dismissal:

ORS 137.533
Probation without entering judgment of guilt

(“1) Whenever a person pleads guilty to or is found guilty of a misdemeanor other than driving while under the influence of intoxicants or other than a misdemeanor involving domestic violence as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290), the court may defer further proceedings and place the person on probation, upon motion of the district attorney and without entering a judgment of guilt, if the person:

(a) Consents to the disposition;

(b) Has not previously been convicted of any offense in any jurisdiction;

(c) Has not been placed on probation under ORS 475.245 (Conditional discharge);

(d) Has not completed a diversion under ORS 135.881 (Definitions for ORS 135.881 to 135.901) to 135.901 (Effect of compliance or noncompliance with agreement); and

(e) Agrees to pay a fee equal to $100. The person must pay the amount within 90 days of imposition unless the court allows payment at a later time.

(2) A district attorney may submit a motion under subsection (1) of this section if, after considering the factors listed in subsection (3) of this section, the district attorney finds that disposition under this section would be in the interests of justice and of benefit to the person and the community.

(3) In determining whether disposition under this section is in the interests of justice and of benefit to the person and the community, the district attorney shall consider at least the following factors:

(a) The nature of the offense. However, the offense must not have involved injury to another person.

(b) Any special characteristics or difficulties of the person.

(c) Whether there is a probability that the person will cooperate with and benefit from alternative treatment.

(d) Whether an available program is appropriate to the needs of the person.

(e) The impact of the disposition upon the community.

(f) Recommendations, if any, of the involved law enforcement agency.

(g) Recommendations, if any, of the victim.

(h) Provisions for restitution.

(i) Any mitigating circumstances.

(4) Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon the persons fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. A discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. A person may be discharged and have proceedings dismissed only once under this section.

(5) Subsections (1) to (4) of this section do not affect any domestic violence sentencing programs.”

The Duvall Law Office is based in Eugene, Oregon, but serves the entire state of Oregon in addition to the Eugene / Springfield area.  This includes, Corvallis, Albany and Roseburg, regarding every criminal charge from Measure 11 offenses, to domestic violence crimes, to drunk driving (DUII / DUI / Driving Under the Influence and DUII Diversion programs) to Shoplifting.  Call us now to schedule an appointment: 541.345.4500.