Assault in the third degree
Source:
Section 163.165 — Assault in the third degree, https://www.oregonlegislature.gov/bills_laws/ors/ors163.html.
Notes of Decisions
Automobile passenger injured by reckless operation of vehicle can be injured “by means of” dangerous weapon within meaning of this section, regardless of fact that automobile is incapable of being directed at its passenger. State v. Hill, 298 Or 270, 692 P2d 100 (1984)
Third degree assault is not lesser included offense to second degree assault. State v. McNair, 179 Or App 308, 39 P3d 284 (2002)
Defendant aided by another person actually present “causes” physical injury to another only if defendant personally inflicts physical injury or defendant personally engages in conduct extensively intertwined with infliction of injury. State v. Pine, 336 Or 194, 82 P3d 130 (2003)
Where defendant’s reckless conduct directly causes injury, victim’s participation in reckless conduct does not excuse defendant from criminal responsibility. State v. Murray, 343 Or 48, 162 P3d 255 (2007); State v. Turnidge (S059155), 359 Or 364, 374 P3d 853 (2016)
Person actually present who aids third-degree assault may not be found guilty of third-degree assault under aiding and abetting theory. State v. Merida-Medina, 221 Or App 614, 191 P3d 708 (2008), Sup Ct review denied
For purposes of this section, person who verbally encourages person while being physically present aids person. State v. Hesedahl, 247 Or App 285, 269 P3d 90 (2011), Sup Ct review denied
Where defendant helped four assailants plan assault on victim and recorded assault on smart phone for dissemination on internet, defendant is criminally liable for assault in third degree as accomplice who aided and abetted assailants. State v. Ryder, 267 Or App 150, 340 P3d 663 (2014), Sup Ct review denied
Emergency room nurse not included in definition of “emergency medical services provider” as potential victim under this section. State v. Bales, 289 Or App 470, 410 P3d 1088 (2017)
Where defendant’s fingers were near trigger of loaded gun as defendant brought gun above table and moved gun around so that it pointed at multiple people, defendant demonstrated “extreme indifference,” which, as used in this section, refers to state of mind where individual cares little about risk of death of human being. State v. Giron-Cortez, 322 Or App 274, 519 P3d 879 (2022), Sup Ct review allowed
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