While misdemeanors typically include less serious crimes like traffic citations and low-level drug charges, simple assault charges are also classified as misdemeanors in Oregon. Misdemeanors can carry serious penalties including up to one year in jail and leave a person with a criminal record.
Recently a 19-year-old man was arrested and charged with assault in the fourth degree -- a Class A misdemeanor -- in Portland after an altercation on a TriMet bus. According to police, the man and his 24-year-old friend tried to ride a city bus with a dog. The driver of the bus allegedly told the men that they could not bring the animal on board the bus. However, the pair were allowed to stay on the vehicle after claiming it was a service animal.
Police say that as the men were leaving the bus shortly after boarding the 19-year-old man punched the driver in the face. Witnesses claim the men then took off running. The driver did not sustain serious injuries and the two men were apprehended by police a short time later.
While the man in this case only faces a misdemeanor charge, there are certain circumstances where assault in the fourth degree can be upgraded to a Class C felony. If the assault is witnessed by a minor child who resides within the accused's household then the charges can be upgraded. Furthermore, assault charges can be upgraded if it is the same victim as a previous case.
With the possibility of upgraded charges comes the possibility of more severe penalties. Therefore, all misdemeanor charges should be taken seriously from the beginning of the case. As police investigate the circumstances surrounding an incident, people need to protect their rights and limit the possibility of upgraded charges or a criminal record.
Source: KOIN, "Witness: TriMet bus driver assaulted," March 10, 2013
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