Will my husband have to spent time in jail for Assault 4? 2 Answers as of April 07, 2011

My daughter was in the room with my husband and me when he bumped me with his chest, once while she was in my arms, and then again after I set her down. Being as it is his first offence like this, do you think he will have to spend any time in jail?

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Law Office of Jonathan T. Sarre
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
If the state is able to allege that your daughter "witnessed" the assault, your husband can be charged with a Class C Felony. In Oregon, Assault 4 is a misdemeanor unless your child witnesses the assault (or if he has been convicted of assaulting you in the past). If he has no criminal history he is unlikely to do much jail time (felony or misdemeanor) but he is likely to get probation and counseling if convicted.
Answer Applies to: Oregon
Replied: 4/7/2011
Law Office of Rankin Johnson IV, LLC
Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
If he bumped you with his chest and did not injure you, then he's not guilty of assault. Maybe attempted assault or harassment. If he is convicted of any of those sentences, a short jail sentence is likely, and, much worse, he might be forbidden to have contact with you and your daughter. If he injured you and is convicted of felony assault in the fourth degree, a longer jail sentence is likely. He should talk to a lawyer, and before considering a guilty plea, he should understand the possible collateral consequences.
Answer Applies to: Oregon
Replied: 4/7/2011
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