Aggravated Assault Attorney in Bend

Defending Your Rights with Compassion & Strategy

Facing an aggravated assault charge in Bend, OR, can be overwhelming and complex. Aggravated assault, a serious criminal charge, involves an intentional act to cause significant bodily harm, often with a weapon or other aggravating circumstances.

At Ward Grover & Thomas, we know that each case has its nuances and requires a detailed approach. Taking the time to unravel the specifics of each individual case, our team is dedicated to providing you with a tailored criminal defense strategy.

Facing an aggravated assault charge? We offer free consultations and are Certified Criminal Law Specialist. Contact an aggravated assault attorney in Bend to protect your rights. Call (541) 312-5150 or reach out online.

Understanding Aggravated Assault Laws in Oregon

In Oregon, the crime of aggravated assault is legally defined under the Oregon Revised Statutes (ORS) Chapter 163, Section 163.175, which deals with Assault in the Second Degree, and ORS § 163.185, which deals with Assault in the First Degree. 

Unlike simple assault, which is a misdemeanor, aggravated assault is a serious felony. The distinction between the degrees of assault is crucial and is based on the defendant's mental state, the use of a deadly weapon, and the nature of the injury to the victim. A knowledgeable aggravated assault attorney in Bend will meticulously analyze the specific statute under which you are charged to find any weaknesses in the prosecution's case.

To secure a conviction for aggravated assault, the prosecution must prove several key elements beyond a reasonable doubt. 

• Physical Injury or Serious Physical Injury: The state must prove that you caused physical injury (physical pain or impairment of a physical condition) or serious physical injury (physical injury that creates a substantial risk of death or causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ).
• Criminal Intent: This is the most crucial element. The state must prove that you acted with the necessary criminal intent. For example, for Assault in the Second Degree, the state must prove that you intentionally or knowingly caused physical injury to another person with a deadly weapon. For Assault in the First Degree, the state must prove that you intentionally caused serious physical injury to another person with a deadly weapon.
• Deadly Weapon: For many aggravated assault charges, the state must prove that you used or threatened to use a deadly weapon. This is a crucial distinction from a simple assault charge.

The prosecution's case often relies on the testimony of the alleged victim, other witnesses, and complex forensic and medical evidence. As a seasoned Bend aggravated assault lawyer, we will challenge the government's evidence at every turn, scrutinizing the methods used to collect and analyze the evidence and questioning the credibility of their witnesses.

Classifications and Penalties For an Aggravated Assault Offense

In Oregon, aggravated assault is a felony offense, and the penalties increase significantly with the severity of the charge. The state does not use a rigid sentencing grid but instead has a range of penalties for each class of felony.

• Assault in the Third Degree (Class C Felony): This is a less severe felony assault charge. A person commits this offense by recklessly causing serious physical injury to another person. A conviction can result in a prison sentence of up to five years and a fine of up to $125,000.
• Assault in the Second Degree (Class B Felony): This is a more serious felony. A person commits this offense by intentionally or knowingly causing physical injury to another person with a deadly weapon. A conviction can result in a prison sentence of up to 10 years and a fine of up to $250,000.
• Assault in the First Degree (Class A Felony): This is the most serious felony assault charge. A person commits this offense by intentionally causing serious physical injury to another person with a deadly weapon. A conviction can result in a prison sentence of up to 20 years and a fine of up to $375,000.

Additional Penalties

• Probation and Supervised Release: A conviction will likely be followed by a period of supervised probation, during which you must adhere to strict conditions. A violation of these terms can lead to re-incarceration.
• Mandatory Counseling: The court may order you to attend various programs, such as anger management.
• Loss of Firearms Rights: A felony conviction will result in a permanent ban on owning or possessing a firearm.

Collateral Consequences

A criminal record for a violent crime, such as aggravated assault, can follow you for the rest of your life, making it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.

Additionally, a felony conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

Building a Strategic Defense Against Aggravated Assault in Bend

Every case is unique, and we develop a defense strategy tailored to your specific circumstances. 

As a seasoned Bend aggravated assault lawyer, we will leverage every possible defense, including:

• Self-Defense or Defense of Others: We can argue that you were not the aggressor and that your actions were a reasonable response to the threat of physical harm from the alleged victim. Oregon law recognizes the right to use reasonable force in self-defense.
• Lack of Intent or Mens Rea: We can argue that you lacked the necessary criminal intent to commit the crime. For example, if the act was an accident or a misunderstanding, it may not meet the legal definition of the charged offense.
• Insufficient Evidence: The prosecution must prove its case beyond a reasonable doubt. We will argue that the evidence presented is not sufficient to meet this high standard, either because the witness testimony is inconsistent or the forensic evidence is flawed.
• Mistaken Identity: We can argue that you have been misidentified as the person who committed the crime. This defense is particularly strong when the identification is based on a flawed witness lineup or a single, fleeting observation.
• Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.

Negotiation and Litigation

Our goal is always to achieve the best possible outcome for you. We are skilled negotiators who will work with the prosecutor to secure a favorable plea agreement, such as a reduction of charges to a lesser offense. However, if a fair plea cannot be reached, we will not hesitate to take your case to trial. Our firm is a trial-ready aggravated assault attorney in Bend with the experience and determination to fight for an acquittal.

Our Approach to Aggravated Assault Cases

With over 50 years of combined experience, our team of skilled attorneys is equipped to handle your case from start to finish. We prioritize early engagement, thorough investigation, and strategic planning to safeguard your rights and achieve the best possible outcome.

• Comprehensive Case Analysis: We delve into every detail of your case to craft a personalized defense that addresses the specifics of your situation. Our legal experts conduct thorough reviews of police reports, witness statements, and any available video footage to ensure no stone is left unturned.
• Experienced Court Representation: Our attorneys are well-versed in presenting compelling evidence and cross-examining witnesses to strengthen your defense. We focus on highlighting inconsistencies in the prosecution's case, ensuring that the evidence presented is carefully dissected and scrutinized to your advantage.
• Client-Focused Communication: We keep you informed at every stage, ensuring that you understand the process and feel supported throughout. Our online client portals allow for seamless communication, granting you access to case documents and progress updates, making it easier for you to stay informed.

Why Choose Our Aggravated Assault Defense Services

At Ward Grover & Thomas, we distinguish ourselves through:

• Decades of Experience: Our deep knowledge of state and federal criminal systems empowers us to provide robust legal support. We have handled numerous aggravated assault cases, giving us a nuanced understanding of likely hurdles and the most effective strategies for overcoming them.
• Tailored Strategies: We believe each client's situation is unique, and we develop creative solutions that reflect your personal circumstances. This personalized attention means that whether it's leveraging character witnesses or negotiating plea deals, your defense strategy is uniquely yours.
• Access to Resources: Our network of investigators and experts ensures comprehensive evidence gathering to bolster your case. This access gives us the ability to bring in expert witnesses who can provide testimony that could be pivotal in supporting your defense.

Contact Us for Comprehensive Legal Support

If you're facing an aggravated assault charge in Bend, OR, contact Ward Grover & Thomas today. Our experienced attorneys are ready to guide you through the complex legal process, providing compassionate support and strategic defense. We pride ourselves on our commitment to stand by our clients from the very beginning of their legal journey, ensuring that every potential pitfall is addressed with professional diligence.

Reach out to us at (541) 312-5150 or contact us online for a confidential consultation, and let us help you navigate this challenging time with confidence and clarity.