When heated exchanges escalate to violent actions, it’s often difficult to determine what caused the incident in the first place. Emotions are high and it’s a stressful situation for everyone involved. Whether the assault occurred between people living under the same roof, or outside the home between complete strangers, it is important to immediately retain an experienced defense lawyer if you’ve been arrested for assault or domestic violence.
The attorneys at Gilroy Napoli Short have over 25 years combined experience defending those charged with assault or domestic violence. As former prosecutors, the assault and domestic defense attorneys at Gilroy Napoli Short have a unique understanding of how the State tries assault and domestic violence cases. They have first-hand experience of how the criminal court process works in Multnomah County, Washington County, and Clackamas County, to name a few. If you’ve been charged with assault or domestic violence, or are otherwise seeking legal representation for such charges, contact the defense lawyers at Gilroy Napoli Short today by calling (503) 620-9887.
Assault in the 4th Degree
A person commits the crime of assault in the fourth degree if the person (a) intentionally, knowingly or recklessly causes physical injury to another; or (b) with criminal negligence causes physical injury to another by means of a deadly weapon. Assault in the fourth degree is a Class A misdemeanor. Assault in the 4th Degree can be classified as a Class C felony if the person commits the crime of assault in the fourth degree and (a) the person has previously been convicted of assaulting the same victim; (b) the person has previously been convicted at least three times of assault and all of the assaults involved domestic violence; © the assault is committed in the presence of, or is witnessed by, the victim’s minor child or stepchild or a minor child residing within the household of the victim; and (d) the person commits the assault knowing that the victim is pregnant.
Strangulation
A person commits the crime of strangulation if the person knowingly impedes the normal breathing or circulation of the blood of another person by: (a) applying pressure on the throat or neck of the other person; or (b) locking the nose or mouth of the other person. Strangulation is a Class A misdemeanor. Strangulation can escalate to a Class C felony if (a) the crime is committed in the presence of, or is witnessed by, the victim’s minor child or stepchild or a minor child residing within the household of the person or the victim; (b) the victim is under 10 years of age; © during the commission of the crime, the person used, attempted to use or threatened to use a dangerous or deadly weapon; (d) the person has been previously convicted of strangulation or of committing an equivalent crime in another jurisdiction; (e) the person has been previously convicted of assault or menacing or of committing an equivalent crime in another jurisdiction, and the victim in the previous conviction is the same person who is the victim of the current conviction; or (f) the person has at least three previous convictions of any combination of assault in the fourth degree (ORS 163.160 ), assault in the third degree (163.165 ), assault in the second degree (163.175), assault in the first degree (163.185) or menacing (163.190 ) or of equivalent crimes in other jurisdictions.
Chapter 163 of the Oregon Revised Statutes (“Offenses Against Persons”) outlines assault and related offenses to which persons may be charged, including:
I used John Gilroy with Gilroy & Napoli to represent me in a very complex and multi-faceted case. I travelled from Hawaii to deal with my case and made a point to interview several different firms. I felt instantly comfortable with John and his staff and never felt judged or looked down upon. Since I live across the Pacific Ocean and am not in state to deal with this legal matter, finding the right lawyer and firm was essential. My requirements were the following: knowledge of the law, loads of experience, amicable connections, excellent communication, likability, cost and ability to think outside the box. John Gilroy far exceeded my expectations on all accounts. His resume, experience and knowledge of the legal system are outstanding and his contacts and connections saved me both time and money. The amount I saved from his thinking outside of the box and directing me clearly on what to do covered more than his fees; I ended up saving money by using Gilroy and Napoli. He's also a very nice guy. This may not seem important; however, having a lawyer who has a good reputation among his peers and colleagues is necessary. Many lawyers will reference that they know everyone in the system, but he genuinely does. His professional history outlines it and my experience proves it. I highly recommend John Gilroy and Gilroy & Napoli.”
Needing a criminal attorney is a very scary and humbling thing. The best decision I made in this process was choosing John Gilroy to represent me”
Things are very different from the laws in our home state. My wife found Jeff and John through Google and it was the best find ever. Jeff met with us and explained how the laws are administered, what to expect worst case and what he thought would be the outcome; (we came out better than expected). More importantly, he promised no surprises: and he delivered. The entire office was extremely professional, instilling the confidence we needed in a time when calm and reason are called for. Jeff Napoli is by far the most competent attorney I have witnessed and he knows the law. Jeff is very highly respected in the Washington County legal environment and for good reason. Thank you Jeff and thanks to the entire office.”
To anyone reading this take the time and make the call. It will change your life. Before talking to Mr. Napoli, I felt like I was all alone with no one in my corner. The staff at Gilroy & Napoli are so attentive to specific needs, I never felt alone. The strong and powerful feeling you need to fight your battle is there. Please call them. Let them hear your story. Don't be afraid. It was by far one of the most important calls I have ever made and will never ever be more thankful for their hard work.”
From the beginning John was straightforward, knowledgeable, and concerning. John helped me understand the process, and through his knowledge and experience was able to help me make complicated decisions. Considering that a measure 11 conviction carries a mandatory minimum sentence of 5 years 10 months in prison, the fact that John was able negotiate a significantly less sentence and a class of felony that would be expungeable was a good outcome considering the above mentioned possibility. After my release I sought John's representation again to have the felony expunged from my record, and again he delivered. Thank you John, I cannot say that enough!”
I was scared and trembling. I didn't even know the difference between and misdemeanor and a felony, but I knew our family needed immediate legal help. I was greeted by the calm, kind and friendly voice of John Gilroy. He gave me information, advice and answered all my questions. I soon found that John was a family man who wanted nothing but the best for us. He took charge, worked hard and kept us informed every step of the way. John is well known and respected and he knows what needs to be done and how to do it.Of course you never want to make the call to an attorney, but if you have to, make it to a friend...Gilroy and Napoli.”
Gilroy Napoli Short LLP is a full-service law firm providing exceptional legal representation to clients in Oregon and the greater Portland metro area.
