Oregon Assault Laws: Degrees, Felonies and Penalties (2026)

Oregon does not have a separate battery crime. The Oregon Revised Statutes grade one offense, assault, in four degrees (ORS 163.160, 163.165, 163.175 and 163.185), and each degree requires causing physical injury or serious physical injury; intentionally attempting by word or conduct to place someone in fear of imminent serious physical injury is the separate crime of menacing (ORS 163.190), and intentionally subjecting someone to offensive physical contact to harass or annoy them, with no injury, is harassment (ORS 166.065). Fourth-degree assault is a Class A misdemeanor that becomes a Class C felony in listed circumstances, and the higher degrees are Class C, B and A felonies. For other states, see our guide to assault and battery laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Oregon's assault statutes (ORS 163.160, 163.165, 163.175, 163.185, 163.187, 163.190 and 163.208), harassment and aggravated harassment (ORS 166.065 and 166.070), bias crime in the first degree (ORS 166.165), the mandatory minimums in ORS 137.700, the definitions in ORS 161.015, the maximum penalties in ORS 161.605 to 161.635, domestic violence pleading under ORS 132.586 and the civil filing period in ORS 12.110. It does not cover self-defense and justification (see Oregon self-defense laws), protective orders (see Oregon restraining order laws), sexual offenses, the vehicle-related assault variants in detail, federal assault crimes (see the hub) or city and county ordinances.

Assault vs. battery in Oregon

Oregon splits the conduct other states call assault and battery across three crimes, none of them named battery:

• Assault requires injury. ORS 163.160(1)(a) makes it fourth-degree assault when a person "Intentionally, knowingly or recklessly causes physical injury to another."
• Menacing covers threats without injury. Under ORS 163.190(1), "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." It is a Class A misdemeanor.
• Harassment covers offensive touching without injury. ORS 166.065(1)(a) applies when a person intentionally "Harasses or annoys another person by subjecting such other person to offensive physical contact."

ORS 161.015(7) defines physical injury as "impairment of physical condition or substantial pain," so under the statute's words substantial pain alone can meet the definition.

Is assault a felony in Oregon?

Fourth-degree assault is a Class A misdemeanor (ORS 163.160(2)), but subsection (3) turns it into a Class C felony. The felony rule applies only to fourth-degree assault under subsection (1)(a) or (b), and only when the person commits the assault and:

• 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";
• the person has a prior conviction under ORS 163.160, 163.165, 163.175, 163.185, 163.187 or 163.190, or an equivalent crime in another jurisdiction, and the victim in that prior case is the same person;
• the person has at least three prior convictions under those same sections or equivalent crimes elsewhere, in any combination;
• the person "commits the assault knowing that the victim is pregnant"; or
• the victim "is performing official duties as part of the victim's employment," and the person has two or more prior convictions under ORS 163.160, 163.165, 163.175 or 163.185 or equivalent crimes, "and at least two of the previous assaults were committed against a victim who was performing official duties as part of the victim's employment."

Third-degree assault, assaulting a public safety officer, felony strangulation and aggravated harassment are Class C felonies; second-degree assault is a Class B felony; first-degree assault is a Class A felony.

Intentionally, knowingly or recklessly causing physical injury because of the person's perception of the victim's race, color, religion, gender identity, sexual orientation, disability or national origin is a separate crime, bias crime in the first degree, a Class C felony (ORS 166.165).

Oregon assault offenses and penalties

These are the ranges for each offense itself; ORS 137.700 sets mandatory minimum prison terms for first- and second-degree assault, described below. The same series of statutes also covers recklessly endangering another person (ORS 163.195, Class A misdemeanor), endangering a person protected by a Family Abuse Prevention Act restraining order (ORS 163.192, Class C felony), and unlawful use of a stun gun, tear gas or mace (ORS 163.212, Class A misdemeanor when recklessly discharged at another person; ORS 163.213, Class C felony when knowingly discharged at a person known to be a peace officer, corrections officer, parole and probation officer, firefighter or emergency medical services provider acting in the course of official duty).

The maximums come from Oregon's general penalty sections. ORS 161.605 sets the maximum prison term for a felony: "(1) For a Class A felony, 20 years. (2) For a Class B felony, 10 years. (3) For a Class C felony, 5 years." ORS 161.615 sets misdemeanor maximums of 364 days for a Class A misdemeanor and 6 months for a Class B misdemeanor. The maximum fines are $375,000, $250,000 and $125,000 for Class A, B and C felonies (ORS 161.625(1)) and $6,250 and $2,500 for Class A and B misdemeanors (ORS 161.635(1)).

These are ceilings, not typical sentences. Most felony sentences in Oregon are set under the Oregon Criminal Justice Commission's sentencing guidelines grid, and the assault statutes direct the commission to place some variants in specific crime categories: strangulation of a family or household member in crime category 5 (ORS 163.187(6)) and DUI-related third-degree assault in crime category 8 (ORS 163.168).

First- and second-degree assault are exceptions. Under ORS 137.700 (Ballot Measure 11), for offenses committed on or after April 1, 1995, the court "shall impose, and the person shall serve, at least the entire term of imprisonment listed": 90 months for assault in the first degree and 70 months for assault in the second degree. During that term the person is not eligible for release on post-prison supervision, temporary leave from custody, or any reduction in the minimum sentence. ORS 137.712 allows a lower guidelines sentence only for second-degree assault under ORS 163.175(1)(b), and only if the court finds on the record, among other things, that the victim was not physically injured by means of a deadly weapon, did not suffer a significant physical injury, and the defendant has no listed prior conviction.

Definitions that decide the grade

ORS 161.015 supplies the definitions that separate the degrees:

• Physical injury "means impairment of physical condition or substantial pain."
• Serious physical injury "means physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ."
• Deadly weapon "means any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury."
• Dangerous weapon "means any weapon, device, instrument, material or substance which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury."

The difference matters: a deadly weapon is designed to kill or seriously injure, while an ordinary object can be a dangerous weapon because of how it is used. Causing physical injury intentionally or knowingly with either kind of weapon is second-degree assault under ORS 163.175(1)(b).

Assaulting a police officer, EMT, transit operator or other protected person

Public safety officers. ORS 163.208(1) applies when a person "intentionally or knowingly causes physical injury to the other person, knowing the other person to be a peace officer, corrections officer, youth correction officer, parole and probation officer, animal control officer, firefighter or staff member, and while the other person is acting in the course of official duty." It is a Class C felony, and ORS 163.208(3) requires a sentence of "not less than seven days of imprisonment," or not less than 14 days when the victim is a peace officer.

Third-degree assault victims. ORS 163.165(1) makes these Class C felony assaults, among others; paragraphs (d), (g), (i) and (j) apply when the person acts intentionally, knowingly or recklessly:

• causing, 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" (paragraph (d));
• causing physical injury "to an emergency medical services provider, as defined in ORS 682.025, while the emergency medical services provider is performing official duties" (paragraph (g));
• causing, by means other than a motor vehicle, physical injury "to the operator of a taxi while the operator is in control of the taxi" (paragraph (i));
• causing physical injury "to a flagger or a highway worker while the flagger or highway worker is performing official duties" (paragraph (j));
• while committed to a youth correction facility, intentionally or knowingly causing physical injury to a person known to be a staff member acting in the course of official duty (paragraph (f)); and
• "Being at least 18 years of age," intentionally or knowingly causing physical injury "to a child 10 years of age or younger" (paragraph (h)).

Workers on the job generally. Since January 1, 2026, a fourth-degree assault on a victim "performing official duties as part of the victim's employment" is a Class C felony when the person has the prior workplace-assault convictions described in ORS 163.160(3)(e), set out above.

Children and pregnant victims. Intentionally or knowingly causing serious physical injury to a child under six is first-degree assault (ORS 163.185(1)(b)), and committing second-degree assault knowing the victim is pregnant is also first-degree assault (ORS 163.185(1)(c)).

Bodily fluids. Aggravated harassment under ORS 166.070 is a Class C felony for knowingly propelling saliva or other listed fluids or dangerous substances at a person known to be a corrections staff member, or knowingly propelling blood, urine, semen or feces, or intentionally propelling saliva that makes contact, at a person known to be a public safety officer, in the course of or because of official duties.

Strangulation

ORS 163.187(1) makes it a crime to knowingly impede "the normal breathing or circulation of the blood of another person by: (a) Applying pressure on the throat, neck or chest of the other person; or (b) Blocking the nose or mouth of the other person." Strangulation is a Class A misdemeanor, and under ORS 163.187(4) it is a Class C felony if:

• it is committed in the immediate presence of, or witnessed by, the person's or the victim's minor child or stepchild or a minor child residing in the household;
• the victim is under 10 years of age;
• the victim is a family or household member, as defined in ORS 135.230;
• the person used, attempted to use or threatened to use a dangerous or deadly weapon unlawfully against another;
• the person has a listed prior conviction involving the same victim;
• the person has at least three listed prior convictions; or
• the person knows the victim is pregnant.

Domestic violence assault in Oregon

Oregon has no separate domestic assault crime. Under ORS 132.586(2), "When a crime involves domestic violence, the accusatory instrument may plead, and the prosecution may prove at trial, domestic violence as an element of the crime." ORS 163.160(4) adds that when a person "is convicted of misdemeanor assault in the fourth degree constituting domestic violence as an element of the crime as described ORS 132.586, the court shall ensure that the judgment document reflects that the conviction constitutes domestic violence."

Family relationships also drive several of the felony triggers described above: a fourth-degree assault in the presence of a minor child of the household, a strangulation of a family or household member, and harassment of a family or household member in front of a minor child of the household (a Class A misdemeanor under ORS 166.065(4)(a)).

Under federal law, a conviction for a misdemeanor crime of domestic violence bars possessing a firearm or ammunition (18 U.S.C. 922(g)(9)); the assault and battery laws hub covers the federal layer. Protective orders are covered in Oregon restraining order laws.

Recent changes

• Workplace assaults (2025). Oregon Laws 2025, chapter 327 (SB 170), "Relating to assaults in the workplace; amending ORS 163.160," added the repeat workplace-assault felony in ORS 163.160(3)(e), effective January 1, 2026.
• Harassment (2025). Oregon Laws 2025, chapter 375 (HB 2473), removed from ORS 166.065 the manner of harassment described as "Publicly insulting such other person by abusive words or gestures in a manner intended and likely to provoke a violent response." The act carried an emergency clause and took effect June 24, 2025. Older summaries may still list that manner.

The 2026 regular session did not amend ORS 163.160 to 163.208.

Civil lawsuits for assault and battery

A criminal prosecution and a civil lawsuit for assault or battery are separate proceedings. ORS 12.110(1) provides: "An action for assault, battery, false imprisonment, or for any injury to the person or rights of another, not arising on contract, and not especially enumerated in this chapter, shall be commenced within two years." Claims that chapter 12 especially enumerates in another section follow that section instead. An action based on child abuse (intentional conduct by an adult that results in physical injury to a child, or in mental injury as the section describes) that occurred while the person was under 18 may be brought until the person turns 40, or within five years of when the person discovers, or with reasonable care should have discovered, the connection between the abuse and the injury, whichever is longer (ORS 12.117). For claims arising on or after June 26, 2025, an action based on child sexual abuse may be brought at any time (ORS 12.117(1)(b); Oregon Laws 2025, chapter 447, section 3); child sexual abuse claims that arose before that date follow the earlier version of ORS 12.117, which applied the same age-40 or five-year discovery rule to child sexual abuse. For other claims by a child, ORS 12.160 tolls the period while the person is under 18, but by no more than five years, or one year after turning 18, whichever comes first. Other filing deadlines are collected in our guide to the Oregon statute of limitations.

Related legal issues

Self-defense and defense of others are justifications with their own rules; see Oregon self-defense laws rather than this page. For protective orders after an assault or threat, see Oregon restraining order laws. For setting aside a past conviction, see Oregon expungement laws.

Related pages

• Assault and battery laws by state
• Oregon self-defense laws
• Oregon restraining order laws
• Oregon expungement laws
• Oregon statute of limitations
• Washington assault and battery laws
• California assault and battery laws

This article provides general legal information about Oregon assault statutes as of 2026-10-13. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Oregon.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the difference between assault and battery in Oregon?

Oregon law has no crime called battery. Assault under ORS 163.160 to 163.185 requires physical injury; intentionally attempting to place someone in fear of imminent serious physical injury is menacing (ORS 163.190), and subjecting someone to offensive physical contact to harass or annoy them is harassment (ORS 166.065).

Is assault a felony in Oregon?

Fourth-degree assault is a Class A misdemeanor, but it becomes a Class C felony in the circumstances listed in ORS 163.160(3), such as an assault witnessed by a minor child of the household or a known pregnant victim. Third-, second- and first-degree assault are Class C, B and A felonies (ORS 163.165, 163.175, 163.185), and first- and second-degree assault carry mandatory minimums of 90 and 70 months under ORS 137.700. Intentionally, knowingly or recklessly causing physical injury because of the victim's perceived race, religion, disability or another trait listed in ORS 166.165 is bias crime in the first degree, a Class C felony.

What is the penalty for fourth-degree assault in Oregon?

As a Class A misdemeanor, fourth-degree assault carries up to 364 days in jail and a fine of up to $6,250 (ORS 161.615(1); ORS 161.635(1)(a)). When ORS 163.160(3) makes it a Class C felony, the maximums are 5 years and $125,000 (ORS 161.605(3); ORS 161.625(1)(d)).

What happens if you assault a police officer in Oregon?

Intentionally or knowingly causing physical injury to a person known to be a peace officer acting in the course of official duty is assaulting a public safety officer, a Class C felony with a minimum of 14 days of imprisonment, up to a maximum of 5 years (ORS 163.208; ORS 161.605(3)). Other listed officers, firefighters and staff members carry a 7-day minimum. Knowingly discharging a stun gun, tear gas or mace at a person known to be a peace officer acting in the course of official duty is a separate Class C felony (ORS 163.213).

Is spitting on an officer a crime in Oregon?

Yes. Aggravated harassment under ORS 166.070 covers knowingly propelling saliva or other listed bodily fluids or dangerous substances at a person known to be a corrections staff member, and knowingly propelling blood, urine, semen or feces at, or intentionally propelling saliva that makes contact with, a person known to be a public safety officer, in the course of or because of official duties, and it is a Class C felony punishable by up to 5 years and a fine of up to $125,000.

Is strangulation a felony in Oregon?

Strangulation under ORS 163.187 is a Class A misdemeanor, but it is a Class C felony if, for example, the victim is a family or household member, the victim is under 10, a minor child of the household witnesses it, a dangerous or deadly weapon is used or threatened, or the person knows the victim is pregnant (ORS 163.187(4)).

How long do you have to sue for assault in Oregon?

ORS 12.110(1) requires an action for assault, battery, false imprisonment, or for any injury to the person or rights of another, not arising on contract, and not especially enumerated in chapter 12, to be commenced within two years. Claims based on child abuse follow ORS 12.117, which allows suit for intentional abuse by an adult until age 40 or within five years of when the connection to the injury is or reasonably should have been discovered, and at any time for child sexual abuse claims arising on or after June 26, 2025 (earlier child sexual abuse claims follow the age-40 rule), and ORS 12.160 tolls the period for minors, within limits.