The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery.
The crime of assault with a deadly weapon (also known as aggravated assault) occurs when someone uses a deadly weapon (gun, knife, club, tire iron, brass knuckles, etc.) during an assault.
In Oregon, assault is categorized into different degrees, with Assault in the Fourth Degree being the least serious and Assault in the First Degree being the most serious. Assault in the Fourth Degree is generally a Class A misdemeanor, which involves intentionally, knowingly, or recklessly causing physical injury to another person. Assault becomes a felony at the third degree and increases in severity with each degree. Aggravated assault, known as Assault in the First Degree in Oregon, is a Class A felony and occurs when someone intentionally causes serious physical injury to another using a deadly or dangerous weapon. Oregon law defines a 'deadly weapon' as any instrument, article, or substance specifically designed for and presently capable of causing death or serious physical injury. The use of a deadly weapon elevates the severity of the assault charge due to the increased potential for significant harm. It's important to note that the definition of assault in Oregon does not require physical contact; the attempt or threat of harm can be sufficient if it puts the person in fear of imminent harm.