A common defense for assault and battery charges is self-defense. If a person can show that they were simply defending themselves from attack, they will not be charged with a crime. If it important to understand just what the law says about self-defense from a Portland Defense Attorney to ensure that a person is within the law. This way, if you wish to potentially use this defense, you put yourself on firm legal footing.
Proportional Response Explained by a Portland Defense Attorney
A key element of the law in Oregon is that a person may use force that they “reasonably believes to be necessary for the purpose.” What this means, essentially, is that a response must be proportional to the threat faced. If two people get into an argument and one man gets into a position for a fist fight, the other people could not pull out a gun and shoot him. This is not proportional to the response faced – since the shooter likely did not fear for his life or face an imminent deadly threat, self-defense might not apply.
Of course, there are many factors to take into account, so it may be possible that even in the above example a Portland Defense Attorney could argue self-defense. In general, however, a person should be careful not to use excessive force in defending themselves, lest they face criminal charges.
If you have been arrested for assault or batter, a Portland Defense Attorney at Kroll & Johnson will fight for your freedom. Our team of lawyers has years of experience assisting people charged with serious crimes and we can help during this difficult time. We will work to build reasonable doubt about your charges and tirelessly work to achieve the best outcome possible for your particular case. To learn more about how we can help with charges, contact a Kroll & Johnson today for a free consultation.