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Oregon Criminal Defense – Castle Doctrine in Oregon

The right to use force in self-defense of yourself or others is well established in Oregon law. Two issues that are always in question, however, are: (1) how much force? and (2) where? For example, the level of force you may use to defend yourself from an individual standing too close to you should clearly be different from the level of force you may use to defend yourself from a gun-wielding attacker. A key component of self-defense law is the “Castle Doctrine,” which establishes the level of force you may use when defending your own home from invasion.

According to a report on katu.com, an Oregon homeowner in Hammond invoked the Castle Doctrine over the weekend when he shot a person attempting to burglarize his home Friday night. Authorities indicate that an officer heard the shot, and shortly after a call came in to police from a neighbor indicating that the homeowner was holding the suspect at gunpoint. Upon arriving at the scene, authorities discovered 25-year-old Tony Tischer shot in the buttocks and laying on the floor. Ticher had been released from jail earlier in the week, and had been jailed before for burglarizing the same home in the past.

Under current Oregon law, a person may use deadly force in the defense of self, others, or property only if the aggressor is using or about to use deadly force. This means that regardless of where the threat is occurring, the use of deadly force is only justified if there a threat of the imminent use of deadly force.  Last year, there was a ballot initiative that failed to make it to a vote that would have created a presumption that a property owner was justified to use deadly force against an intruder.

Contact a Portland criminal defense lawyer for a free consultation

If you have used force or violence in the defense of yourself or others, you should likely consult with a criminal defense attorney. Self-defense legitimizes the use of force, and it is important to have a trained legal professional review your case and act as an intermediary between you and any investigating authorities. In order to schedule a free case review with an experienced Portland criminal defense lawyer, contact the law offices of Edward Kroll today at (503) 352-9360 or via email through our contact form on the right side of this page.

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