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Oregon Revised Statutes

Or. Rev. Stat. § 163.160 (2026)

Assault in the fourth degree

✓ current as of May 2026
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      163.160 Assault in the fourth degree. (1) A person commits the crime of assault in the fourth degree if the person:

      (a) Intentionally, knowingly or recklessly causes physical injury to another;

      (b) With criminal negligence causes physical injury to another by means of a deadly weapon; or

      (c) With criminal negligence causes serious physical injury to another who is a vulnerable user of a public way, as defined in ORS 801.608, by means of a motor vehicle.

      (2) Assault in the fourth degree is a Class A misdemeanor.

      (3) Notwithstanding subsection (2) of this section, assault in the fourth degree under subsection (1)(a) or (b) of this section is a Class C felony if the person commits the crime of assault in the fourth degree and:

      (a) 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;

      (b) The person has been previously convicted of violating this section or ORS 163.165, 163.175, 163.185, 163.187 or 163.190, 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 crime;

      (c) The person has at least three previous convictions for violating this section or ORS 163.165, 163.175, 163.185, 163.187 or 163.190 or for committing an equivalent crime in another jurisdiction, in any combination;

      (d) The person commits the assault knowing that the victim is pregnant; or

      (e)(A) The assault is committed against a victim who is performing official duties as part of the victim’s employment; and

      (B) The person has two or more previous convictions for violating this section or ORS 163.165, 163.175 or 163.185, or for committing an equivalent crime in another jurisdiction, in any combination, 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.

      (4) If 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.

      (5) For purposes of subsection (3) of this section, an assault is witnessed if the assault is seen or directly perceived in any other manner by the child. [1977 c.297 §5; 1997 c.694 §1; 1999 c.1073 §1; 2009 c.785 §3; 2015 c.639 §2; 2017 c.337 §1; 2021 c.581 §1; 2025 c.327 §1]

Notes of Decisions
Cited in 697 cases (231 in the last 5 years), 1979–2026 · leading case: State v. Glaspey, 55 P.3d 562 (Or. Ct. App. 2002).
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State v. Glaspey, 55 P.3d 562 (Or. Ct. App. 2002). · cites it 69× “ORS 163.160. He asserts that the trial court erred in failing to enter a single conviction on the two counts and, further, in sentencing him separately on each conviction.”
State v. Glaspey, 100 P.3d 730 (Or. 2004). · cites it 26× “Defendant was charged with two counts of fourth-degree assault, ORS 163.160, based on a single incident of “caus [ing] physical injury” to a single person — his wife.”
State v. Rader, 228 P.3d 552 (Or. 2010). · cites it 15× “ORS 163.160(1) provides, in part, that a person commits the crime of fourth-degree assault if the person “[i]ntentionally, knowingly, or recklessly causes physical injury to another.”
State v. Bivins, 83 P.3d 379 (Or. Ct. App. 2004). · cites it 6× “Following a jury trial, defendant was convicted of felony assault in the fourth degree, ORS 163.160, and harassment, ORS 166.065.”
State v. Merrill, 463 P.3d 540 (Or. Ct. App. 2020). · cites it 8× “Multnomah County Circuit Court 16CR54578; A165105 463 P3d 540 Defendant appeals from a judgment of conviction for felony fourth-degree assault constituting domestic violence, ORS 163.160, and felony strangulation constituting domestic violence, ORS 163.”
State v. Giron-Cortez, 557 P.3d 505 (Or. 2024). · cites it 7× “of ORS 163.160, assault in the fourth degree, a misdemeanor.”
State v. Owen, 505 P.3d 953 (Or. 2022). · cites it 3× “Assault offenses, codified in ORS 163.160 through 163.185, are part of and defined in the Oregon Criminal Code of 1971.”
State v. Yong, 138 P.3d 37 (Or. Ct. App. 2006). · cites it 10× “732; two counts of felony assault in the fourth degree, ORS 163.160; interference with making a report, ORS 165.”
State v. McKinney/Shiffer, 505 P.3d 946 (Or. 2022). · cites it 3× “165(1)(h), and the jury considered the lesser-included offense of fourth- degree assault under ORS 163.160(1)(a). McKinney requested that the trial court instruct the jury that, to find her guilty of third-degree assault, it must find that she knew or was aware that her actions…”
State v. Guzman, 366 P.3d 816 (Or. Ct. App. 2016). · cites it 4× “ORS 163.160; ORS 132.586(2). 1 He assigns error to the trial court’s denial of his motion for judgment of acquittal (MJOA) based on sufficiency of the evidence to prove that he caused the victim “substantial pain” and, therefore, “physical injury,” as required for conviction…”
State v. Pine, 82 P.3d 130 (Or. 2003). · cites it 4× “Of the 16 variations of assault set out in ORS 163.160 to 163.185, 15 prohibit “causfing]” physical injury to another person.”
State v. Hendricks, 359 P.3d 294 (Or. Ct. App. 2015). · cites it 6× “187 (Count 3), and fourth-degree assault, ORS 163.160 (Count 4). 2 Defendant was also charged with a single count of coercion, ORS 163.”
Show all 697 citing cases →
— Or. Rev. Stat. § 163.160(1) — 36 cases
State v. Merrill, 463 P.3d 540 (Or. Ct. App. 2020). “Multnomah County Circuit Court 16CR54578; A165105 463 P3d 540 Defendant appeals from a judgment of conviction for felony fourth-degree assault constituting domestic violence, ORS 163.160, and felony strangulation constituting domestic violence, ORS 163.”
State v. Higgins, 998 P.2d 222 (Or. Ct. App. 2000).
State v. Bassett, 228 P.3d 590 (Or. Ct. App. 2010).
State v. Nelson, 386 P.3d 73 (Or. Ct. App. 2016).
State v. Hendricks, 359 P.3d 294 (Or. Ct. App. 2015). “187 (Count 3), and fourth-degree assault, ORS 163.160 (Count 4). 2 Defendant was also charged with a single count of coercion, ORS 163.”
— Or. Rev. Stat. § 163.160(1)(a) — 45 cases
State v. McKinney/Shiffer, 505 P.3d 946 (Or. 2022). “165(1)(h), and the jury considered the lesser-included offense of fourth- degree assault under ORS 163.160(1)(a). McKinney requested that the trial court instruct the jury that, to find her guilty of third-degree assault, it must find that she knew or was aware that her actions…”
State v. Giron-Cortez, 557 P.3d 505 (Or. 2024). “of ORS 163.160, assault in the fourth degree, a misdemeanor.”
State v. Hart, 193 P.3d 42 (Or. Ct. App. 2008).
State v. Andrews, 456 P.3d 261 (Or. 2020).
State v. Stone, 536 P.3d 1094 (Or. Ct. App. 2023).
— Or. Rev. Stat. § 163.160(1)(b) — 1 case
State v. Pryor, 430 P.3d 197 (Or. Ct. App. 2018).
— Or. Rev. Stat. § 163.160(1)(c) — 2 cases
State v. Owen, 505 P.3d 953 (Or. 2022). “Assault offenses, codified in ORS 163.160 through 163.185, are part of and defined in the Oregon Criminal Code of 1971.”
State v. Schoemaker, 464 P.3d 136 (Or. Ct. App. 2020).
— Or. Rev. Stat. § 163.160(2) — 49 cases
State v. Levasseur, 483 P.3d 1167 (Or. Ct. App. 2021).
State v. Perdew, 467 P.3d 70 (Or. Ct. App. 2020).
State v. Reynolds, 280 P.3d 1046 (Or. Ct. App. 2012).
State v. Glaspey, 100 P.3d 730 (Or. 2004). “Defendant was charged with two counts of fourth-degree assault, ORS 163.160, based on a single incident of “caus [ing] physical injury” to a single person — his wife.”
State v. Plowman, 838 P.2d 558 (Or. 1992).
— Or. Rev. Stat. § 163.160(2)(b) — 2 cases
State v. Carlton, 388 P.3d 1093 (Or. 2017).
State v. Carlton (Or. 2017).
— Or. Rev. Stat. § 163.160(3) — 71 cases
State v. Glaspey, 55 P.3d 562 (Or. Ct. App. 2002). “ORS 163.160. He asserts that the trial court erred in failing to enter a single conviction on the two counts and, further, in sentencing him separately on each conviction.”
State v. Hess, 159 P.3d 309 (Or. 2007).
State v. Brunnemer, 401 P.3d 1226 (Or. Ct. App. 2017).
State v. Yong, 138 P.3d 37 (Or. Ct. App. 2006). “732; two counts of felony assault in the fourth degree, ORS 163.160; interference with making a report, ORS 165.”
State v. Stockton, 483 P.3d 657 (Or. Ct. App. 2021).
— Or. Rev. Stat. § 163.160(3)(a) — 19 cases
State v. Yong, 138 P.3d 37 (Or. Ct. App. 2006). “732; two counts of felony assault in the fourth degree, ORS 163.160; interference with making a report, ORS 165.”
State v. Hambrick, 75 P.3d 462 (Or. Ct. App. 2003).
State v. Glaspey, 55 P.3d 562 (Or. Ct. App. 2002). “ORS 163.160. He asserts that the trial court erred in failing to enter a single conviction on the two counts and, further, in sentencing him separately on each conviction.”
State v. Cuffy, 521 P.3d 516 (Or. Ct. App. 2022).
State v. Donathan, 383 P.3d 946 (Or. Ct. App. 2016).
— Or. Rev. Stat. § 163.160(3)(b) — 9 cases
State v. Rader, 228 P.3d 552 (Or. 2010). “ORS 163.160(1) provides, in part, that a person commits the crime of fourth-degree assault if the person “[i]ntentionally, knowingly, or recklessly causes physical injury to another.”
State v. Harris, 461 P.3d 1080 (Or. Ct. App. 2020).
State v. Hill, 373 P.3d 162 (Or. Ct. App. 2016).
State v. Potter, 234 P.3d 1073 (Or. Ct. App. 2010).
State v. Mersman, 172 P.3d 654 (Or. Ct. App. 2007).
— Or. Rev. Stat. § 163.160(3)(c) — 28 cases
State v. Glaspey, 100 P.3d 730 (Or. 2004). “Defendant was charged with two counts of fourth-degree assault, ORS 163.160, based on a single incident of “caus [ing] physical injury” to a single person — his wife.”
State v. Bivins, 83 P.3d 379 (Or. Ct. App. 2004). “Following a jury trial, defendant was convicted of felony assault in the fourth degree, ORS 163.160, and harassment, ORS 166.065.”
State v. Rader, 228 P.3d 552 (Or. 2010). “ORS 163.160(1) provides, in part, that a person commits the crime of fourth-degree assault if the person “[i]ntentionally, knowingly, or recklessly causes physical injury to another.”
State v. Tena, 412 P.3d 175 (Or. 2018).
State v. Glaspey, 55 P.3d 562 (Or. Ct. App. 2002). “ORS 163.160. He asserts that the trial court erred in failing to enter a single conviction on the two counts and, further, in sentencing him separately on each conviction.”
— Or. Rev. Stat. § 163.160(3)(d) — 3 cases
State v. Olson, 439 P.3d 551 (Or. Ct. App. 2019).
State v. Harris, 520 P.3d 897 (Or. Ct. App. 2022).
State v. Wittkopp, 331 Or. App. 794 (Or. Ct. App. 2024).
— Or. Rev. Stat. § 163.160(4) — 6 cases
State v. Rader, 228 P.3d 552 (Or. 2010). “ORS 163.160(1) provides, in part, that a person commits the crime of fourth-degree assault if the person “[i]ntentionally, knowingly, or recklessly causes physical injury to another.”
State v. Bivins, 83 P.3d 379 (Or. Ct. App. 2004). “Following a jury trial, defendant was convicted of felony assault in the fourth degree, ORS 163.160, and harassment, ORS 166.065.”
State v. Cox, 159 P.3d 352 (Or. Ct. App. 2007).
State v. Rader, 195 P.3d 438 (Or. Ct. App. 2008).
State v. Gatt, 149 P.3d 1220 (Or. Ct. App. 2006).
— Or. Rev. Stat. § 163.160(l)(a) — 32 cases
State v. Guzman, 366 P.3d 816 (Or. Ct. App. 2016). “ORS 163.160; ORS 132.586(2). 1 He assigns error to the trial court’s denial of his motion for judgment of acquittal (MJOA) based on sufficiency of the evidence to prove that he caused the victim “substantial pain” and, therefore, “physical injury,” as required for conviction…”
State v. Lewis, 337 P.3d 199 (Or. Ct. App. 2014).
State v. Jones, 212 P.3d 1292 (Or. Ct. App. 2009).
State v. Pine, 82 P.3d 130 (Or. 2003). “Of the 16 variations of assault set out in ORS 163.160 to 163.185, 15 prohibit “causfing]” physical injury to another person.”
State v. Long, 399 P.3d 1063 (Or. Ct. App. 2017).
— Or. Rev. Stat. § 163.160(l)(b) — 1 case
State v. Kuznetsov, 170 P.3d 1130 (Or. Ct. App. 2007).
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