A Strong Defense Is Based On Knowledge And Experience

Can you claim self-defense under Oregon law?

On Behalf of | Feb 22, 2021 | Criminal Defense |

A lot of people in the Oregon City area have found themselves embroiled in a verbal altercation at one time or another. In most instances, these disputes end with nothing more than some harsh words and some hurt feelings. But in some cases, these altercations turn verbal in nature, which means that someone is probably going to end up facing criminal charges. If that’s you, then you need to know how to assert an aggressive defense. One of your best options may be to argue self-defense.

Self-defense under Oregon law

Self-defense is allowed under Oregon law. More specifically, you are justified in using physical force if you reasonably believe that you or another individual is about to be subjected to imminent unlawful physical force. The amount of force that is justifiable must be reasonably necessary in order to be deemed legal.

Since self-defensive is an assertive defense, the onus is on you to prove each of the elements of the defense. That means that you’ll want to present evidence that demonstrates why you thought that you were about to be subjected to imminent unlawful force. A person who takes a swing and misses, then rears back to throw another punch, for example, is a clear risk of imminent and unlawful force, but only if you weren’t the initial aggressor.

Your force also has to be reasonable in light of the circumstances. This means that you can’t use deadly force to prevent someone from doing something less severe, like slapping you.

Consider legal assistance in building your defense

There are a lot of intricacies to this area of the law. That’s why many people who have been charged with domestic violence and other violent crimes often find it beneficial to discuss their case with an attorney who knows how to navigate this challenging area of the law. If you think that you could benefit from that type of assistance, then it may be time for you to discuss your circumstances with an attorney who you feel will zealously advocate on your behalf.