The Oregon assault statute includes a negligence prong. If a noncitizen has been convicted under this prong, or if the record of conviction isn't clear, it may not be a crime of violence or domestic violence. In United States v. Trinidad-Aquino, 259 F.3d 1140 (9th Cir. 2001), the 9th circuit said that a person cannot negligently "use" force. The "use of force" or the risk there of requires a certain level of volition which may include recklessness, but does not extend to a negligent mens rea, and therefore a negligently committed assault cannot be an aggravated felony crime of violence. Since the definition of "crime of domestic violence," like that for aggravated felony crime of violence, relies upon the definition at 18 USC 16, the same argument should work.