Our client was accused of Felony Assault IV and Harassment. Both were classified as domestic violence. Our client was eligible for the DVDS program; but declined the program. Although participation in the program would result in both charges being dismissed, it would also result in his deportation due to the felony charge. Our client was lawfully in our country; but does not hold US citizenship. So, this case had to go to trial. At the trial, the prosecutor offered evidence that our client had said 'I hit her so hard my hand hurt.' Mr. Beach argued to the jury that our client was guilty of Harassment, but not of the Felony Assault IV due to the injury requirement for that crime. The jury agreed with Mr. Beach. They returned a verdict of Not Guilty on the Felony Assault IV and Guilty on the Harassment. Our client will still have to do domestic violence treatment; but he and his family will be able to stay in America.
Felony Assault IV - ORS 163.160 - carries up to 5 years of imprisonment and a fine of up to $125,000. Harassment - ORS 166.065 - carries up to 6 months jail and a fine of up to $2,500.