Oregon Knockout game, what Degree of Assault?

[Nick Burkhardt]

Could my Oregon LEO or legal experts please chime in? If an adult sneaks up behind a person and hits them in the head/face with the intent of knocking them down, also known as "The Knockout Game", and that person lost a tooth, what Degree of Assault is that?

The ORS is confusing about if a weapon must be used or not to bump up the degree to a felony.

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[Stomper]

Could my Oregon LEO or legal experts please chime in? If an adult sneaks up behind a person and hits them in the head/face with the intent of knocking them down, also known as "The Knockout Game", and that person lost a tooth, what Degree of Assault is that?

The ORS is confusing about if a weapon must be used or not to bump up the degree to a felony.

If someone were to attempt to perpetrate the KO game on me, it'd better kill me the first time.... 'cuz there'll BE a frakin' murder following that first bout, one way or the other.

 

[Nick Burkhardt]

For example

 

[Kurt82]

I thought the assault charge usually depends on injury and not how it was inflicted. I would guess that it has to be serious bodily harm to be a felony. I don't know if loosing a tooth would qualify, unless there was a concussion or broken bones, etc. For sure do not need a weapon for it to be a felony.

 

[SHPD_Retired]

Loss of teeth has been ruled as not serious physical injury so unless there were other people involved as far as I know it would be Assault 4, a misdemeanor. You must remember that I have not worked the road for several years so take this with a grain of salt.

 

[titsonritz]

If someone were to attempt to perpetrate the KO game on me, it'd better kill me the first time.... 'cuz there'll BE a frakin' murder following that first bout, one way or the other.

You are not the only one in that camp, brother.

 

[Nick Burkhardt]

It is hard to believe that a cowardly attack like the video example above is only a misdemeanor.

According to 2017 ORS 161.015 General definitions

(7) "Physical injury" means impairment of physical condition or substantial pain.

(8) "Serious physical injury" means physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

 

[AirWolf]

"While being aided by another person actually present, intentionally or knowingly causes physical injury to another"
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If they are with anyone else, including someone filming the incident, it may bump it up to Assault III, a felony.

 

[Mister Bisley]

Disgusting PIGS!!!

The victim in the vid example looks like a woman. The messed up part is once the perp is cowardly running away, you can no longer stand your ground.

That video looks like a hate crime to me.

 

[DB is Here]

Yet another reason to never wear earbuds or headphones in public and always look around you, especially when you're in the cement jungle.

Situational awareness is key.

 

[Mister Bisley]

Disgusting PIGS!!!

The victim in the vid example looks like a woman. The messed up part is once the perp is cowardly running away, you can no longer stand your ground.

That video looks like a hate crime to me.

I've watched this video about 10 times...it looks like the perp had something in his right hand(striking hand), you can kind of see it as he turns around and starts to run away. Not sure if that would play a role in criminal charges.

 

[titsonritz]

People have been killed playing this 'game' (which it is not).

 

[WasrNwarpaint]

if it was black on white crime like all that I have seen on video

ITS A HATE CRIME

 

[NW Backpacker]

It is hard to believe that a cowardly attack like the video example above is only a misdemeanor.

According to 2017 ORS 161.015 General definitions

(7) "Physical injury" means impairment of physical condition or substantial pain.

(8) "Serious physical injury" means physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

If you intentionally, without provocation, hit someone when they aren't suspecting it with the intent to knock them out I think there could be a substantial risk of death. To call this "game" a misdemeanor is BS. It is time for a citizens initiative petition making it a serious felony in every case - minimum 10 years behind bars.

I walk a lot in Washington County. Don't like meeting certain people on the street because of this "game". Lib policies have enabled such problems (and others that are much worse) to grow and fester to the point that it is no longer safe to walk the streets of our neighborhoods.

 

[Ura-Ki]

Yet another reason to never wear earbuds or headphones in public and always look around you, especially when you're in the cement jungle.

Situational awareness is key.

And get rid of those damn Hoodies! I cannot believe the number of folks I see out and about wearing a frackin hoody with ear buds and their faces planted in their phones! Seriously, Any one of these is plain STUPID, a combo of them is outright suicidal!

 

[titsonritz]

Yet another reason to never wear earbuds or headphones in public and always look around you, especially when you're in the cement jungle.

Situational awareness is key.

It just blows me away people do that, clueless. There was the one guy a while back that was killed by a plane making an emergency landing that he was oblivious to because he was plugged into an Ipod, a damn plane!! Come on, wake-up.

 

[Nick Burkhardt]

I guess the line between misdemeanor and felony it depends on the definition of "protracted" disfigurement, loss or impairment.

 

[Caveman Jim]

It is hard to believe that a cowardly attack like the video example above is only a misdemeanor.

According to 2017 ORS 161.015 General definitions

(7) "Physical injury" means impairment of physical condition or substantial pain.

(8) "Serious physical injury" means physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

Back when my hearing started taking a turn for the worse one of the first things they asked me was, had I had any concussions.

Indeed, I had an older brother that hated me and when leaving a HS party I was hit from behind & knocked out.

The physical damage aspect (cut needing stitched) had healed but the underlying damage is what brought tinnitus into my life.

 

[bbbass]

I had an older brother that hated me and when leaving a HS party I was hit from behind & knocked out.

The physical damage aspect (cut needing stitched) had healed but the underlying damage is what brought tinnitus into my life.

I knew my middle brother was dropped on his head! His tinnitus proves it!!!

Couldn'a been that railroad spike I chucked at his forehead cuz of his relentless torture...
(serves him right for getting me on MaryJane and damn near killing me with huffing of freon, I went down for the count and barely made it back, watching the white light... "oh yeah, it's fun lil bro, everybody is doing it"... Get Billy to do it, he does everything older brobro says... a sexual deviant too, 50yrs later Bro's found Jesus... not everything is forgiven Bro!!!)

 

[Caveman Jim]

I knew my middle brother was dropped on his head! His tinnitus proves it!!!

Couldn'a been that railroad spike I chucked at his forehead cuz of his relentless torture...
(serves him right for getting me on MaryJane and damn near killing me with huffing of freon, I went down for the count and barely made it back, watching the white light... "oh yeah, it's fun lil bro, everybody is doing it"... Get Billy to do it, he does everything older brobro says... a sexual deviant too, 50yrs later Bro's found Jesus... not everything is forgiven Bro!!!)

Yeah we had a come-to-jesus meeting and it all stopped. I was past scared bubblegumtless and don't remember much but he backed up the truck and laid low till he went in the service.