Since You Asked: Assault classification depends on the circumstances - News - MailTribune.com - Medford, OR

Mail Tribune (Medford, OR — Wayback)

2015-05-20

Document text

3 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation  |  Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Home News Latest Stories Two arrested after pursuit through Jackson County Atkinson one step closer to state appointment First traffic on Fern Valley project expected this summer UPDATE: School bus driver killed in crash near Rogue River identified Explosive vehicle fire lands Medford man in jail Crime, Courts and Emergency Services Two arrested after pursuit through Jackson County UPDATE: School bus driver killed in crash near Rogue River identified Explosive vehicle fire lands Medford man in jail Emergency services, May 19 Medford police identify woman found dead in field Politics and Elections Jackson County district election turnout under 17 percent Arthur I. Cyr: Camp David summit will not help Mideast stability Ashland water bills could go up to fund watershed protection Pacific Connector Gas Pipeline opponents rally in Medford BREAKING: Baltimore prosecutor charges officers in Freddie Gray's death Education Ashland High's Michelle Zundel heading to Medford district Medford School District budget funds new student success programs RCC President Angstadt retires Four South Medford seniors build soccer lockers SOU student's project tells story of devastating Weed fire Environment OR-7, mate may be adding to their pack Rogue jet boat tour company eyes TouVelle for permanent home Why is Bear Creek so muddy? Blame Emigrant silt and winter storm Mt. Ashland Ski Area proposes summer adventure center Jackson County declares drought disaster State News Lawmakers seek authority to impeach Government releases wildfire plan to protect struggling bird in West Bill would press Lane County doctors to take Medicaid patients Senate panel passes medical pot rules Oregon wildlife officials eye phased-in hunting, fishing fee increases Nation - World There's a $10 million precious stone hidden in plain sight at Grand Central Obituaries Death Notices Barbara Ann Simmons William Odell Emmens Clarence Allen (Al) Swearingen George Frederick Christensen Weather Photo Galleries Since You Asked Videos Web Cams Mail Tribune 100 Shareable Check out top import and export for every U.S. state Patriots fan sets up GoFundMe page to help pay for team's Deflategate fine Sports Latest Stories The Beautiful Game Crater’s Oshiro disqualified after reporting error Marlins fall in Jennings' debut Lottery still creates hope, headlines after 30 years Golson undecided, could visit other schools Varsity 541 College Sports Golson undecided, could visit other schools Oregon track sweeps at Pac-12s Hovinga stars on mound as Ducks advance Duck men, women lead in Pac-12 track meet Wu falls just short of advancing to NCAAs Pro Sports Marlins fall in Jennings' debut Lottery still creates hope, headlines after 30 years San Diego committee unveils plans for $1.1 billion stadium Spoilers lurk as American Pharoah seeks history NFL owners have key meetings this week Community Sports Business Latest Stories Allegiant Air resumes flights to Arizona Two Crown Markets planned for Talent Cars We Remember: 1955 and 1956 Plymouth memories Blog: L is For... Blog: Cash deals for homes inches toward normal levels Real Estate News Single-family home sales take off Never enough: New Starbucks proposed on Barnett Road in Medford Jackson County debt-ridden homeowners have an option New home in an old house Naumes plans custom-crush winery in former packing house People In Business People in Business Transportation Allegiant Air resumes flights to Arizona Tourism stronger than ever in Southern Oregon Medford airport still flying high with record passenger counts Erickson finds room to work at Medford airport Lithia Motors nets $40.7 million in first quarter Agriculture 1-800Flowers.com reports $10.5 million loss in third quarter Naumes plans custom-crush winery in former packing house Opinion Latest Granlund cartoon: David Letterman farewell Dianne Williamson: Rare talent needn’t tread lightly on taboo topics Granlund cartoon: Sen. Warren vs. Obama Michael Gerson: War lessons for the GOP Letters to the Editor, May 19 Editorials Our View: Take it easy on hunting and fishing fees Our View: Kicking state government down the road Other Views: Keeping marijuana away from minors Our view: Legislature should fix both marijuana laws Our View: City should let SkyPark project move ahead Letters to the Editor Letters to the Editor, May 19 Letters to the Editor, May 18 Letters to the Editor, May 17 Letters to the Editor, May 15 Letters to the Editor, May 14 Columns Michael Gerson: War lessons for the GOP George Barnes: We need to help free Tom Brady Kathleen Parker: Jeb Bush's unfortunate honesty George Will: Santorum — The return of the GOP's runner-up Dana Milbank: The domain of 'dot-sucks' Guest Opinions Guest Opinion: Ample water? Think again Guest Opinion: Oregon mothers need much more than flowers Guest Opinion: Child poverty and the Schneider Children’s Center Guest Opinion: Animal-killing program pulls wool over taxpayers' eyes Guest Opinion: Uniting to restore our sovereignty to we, the people Lifestyle Latest stories It Is What It Is: The power of the spoken word Potluck: A Gooey Butter Cake to cherish Community blog: Pucker up for quick rhubarb-celery-berry pickle Shayne Looper: Escape from the 'Big Me' culture Donna Knight: How to lessen your risk Food Potluck: A Gooey Butter Cake to cherish Community blog: Pucker up for quick rhubarb-celery-berry pickle Food for Thought: Grapes deliver sweet healthy goodness Kitchen Call: Cakes — not just for birthdays Community blog: Rhubarb's sour stalks have surprising savory side Home and Garden Home Help: Keep a man cave top of mind when choosing a new home Learning to be a water watcher in these dry times Betty Montgomery: Longleaf pines making a comeback Pergola, arbor, gazebo: Learn the differences Dear Monty: Five tips for companies to reduce relocation costs Health Donna Knight: How to lessen your risk Community blog: Little Free Libraries Community blog: Fasting out of Cancer Brent St. Germain: Weight loss goes to the dogs Community blog: Don't Fall for This Part 2 Hiking Biking Faith Religion Briefs: Friday, May 15 Religion Briefs: Friday, May 8 Religion Briefs: Friday, May 1 Religion Briefs: Friday, April 24 Milestones and Achievements Prefontaine-style running trail proposed in south Medford Bukair-Hinkle Wedding: Stephanie Anne Obad and Mark Douglass Schmor Ashland water bills could go up to fund watershed protection Drones helping create unique wedding photos Columnist for a Day Rogue Healthy Aging Tempo Latest stories Laurie Lewis, Tom Rozum at The Mountain House Sly & Robbie play Historic Ashland Armory Live Music in Local Clubs 5 picks for live entertainment Steve Poltz, Grant-Lee Phillips at Old Ashland Armory Theater OSF commissioned plays tour throughout country 'Cuckoo's Nest' is a big play, well presented 'One Flew Over the Cuckoo's Nest' REVIEW: Randall Theatre's 'Little Shop of Horrors' a rollicking good time REVIEW: Carson, Patton shine in 'Arsenic and Old Lace' Music Laurie Lewis, Tom Rozum at The Mountain House Sly & Robbie play Historic Ashland Armory Live Music in Local Clubs Blues great B.B. King dead at 89 Steve Poltz, Grant-Lee Phillips at Old Ashland Armory Community Events Third Friday: 'Into the Woods' is a must-see 5 things to see at Art in Bloom Flowers, art and music highlight Art in Bloom Hip-Hop Poetry Open Mic at OSF's Black Swan in Ashland Ashland's First Friday Art Walk showcases new exhiits by regional artists Movies Movie review: ‘Mad Max’ is a fresh, fantastic approach to a classic idea Your A-to-Z guide to the ‘Mad Max’ franchise Movie review: ‘Mad Max: Fury Road’ will leave your inner 12-year-old giggling with glee Movie review: ‘Hot Pursuit’ is a hot mess George Miller returns to his ‘Mad Max’ roots Dining 6 stars of the Rogue Valley food universe Cool down with a cold one (or two, or three) Nguyen Street Food From rustic to elegant: Wine tasting in Southern Oregon Quick, easy, versatile Tempo Videos Classifieds Jobs Autos Real Estate FEATURED   » Obits Blogs TV Listings Movie Listings Oregon Outdoors Oregon Healthy Living Special Sections Business Services NEWS NOW   Two arrested after pursuit through Jackson County       ...       Atkinson one step closer to state appointment       ...       UPDATE: School bus driver killed in crash near Rogue River identified       ...       Two arrested after pursuit through Jackson County       ...       Atkinson one step closer to state appointment       ...       UPDATE: School bus driver killed in crash near Rogue River identified       ...           SYA Since You Asked: Assault classification depends on the circumstances Comment MailTribune.com Writer Posted May. 15, 2015 at 12:01 AM Posted May. 15, 2015 at 12:01 AM »  Social News Reading through your Emergency Services logs, I regularly see people arrested on charges of felony fourth-degree assault and misdemeanor fourth-degree assault. I see strangulation can also be charged as either a felony or a misdemeanor. How to police and prosecutors decide how to charge the crime? — A Reader Well, dear reader, it all comes down to the circumstances of the crime. Oregon law defines fourth-degree assault as intentionally, knowingly or recklessly causing physical injury to another, or causing physical injury to another with a deadly weapon as a result of criminal negligence. Fourth-degree assault is typically a Class A misdemeanor but can be charged as a Class C felony if the defendant has been previously convicted of assaulting the same victim, the suspect has three or more prior convictions for assault in domestic violence situations or if the crime was committed in the presence of a minor child living in the victim's residence.  Fourth-degree assault can also be charged as a felony if the defendant assaults a victim they know is pregnant.  The felony predicates for strangulation are similar to those for fourth-degree assault, with additional qualifying factors of a victim less than 10 years old and the use of a deadly weapon. Send questions to “Since You Asked,” Mail Tribune Newsroom, P.O. Box 1108, Medford, OR 97501; by fax to 541-776-4376; or by email to [email protected]. We’re sorry, but the volume of questions received prevents us from answering all of them. MailTribune.com Writer Posted May. 15, 2015 at 12:01 AM » Comment or view comments   Reader Reaction »  STAY INFORMED   Email NewsLetter   Sign Up Today   Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... Business Name address Location, ST | website.com Find Southern Oregon Attractions Bars Restaurants Beauty Salons Entertainment Doctors Medical Specialists Contractors Education Lawn Services Lawyers Shopping Travel Tanning Used Cars Wedding Services ▼ Add your business here + calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Propel Marketing Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Stay Informed   Email newsletter   Sign Up Today   Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Your privacy is important, read our privacy policy. © Copyright 2015 Local Media Group, Inc. All Rights Reserved.    Privacy Policy  |  Terms of Service  |  Local Media Group Publications Original content available for non-commercial use under a Creative Commons license, except where noted. MailTribune.com | P.O. Box 1108, Medford, OR 97501