In Oregon, as in every state, there is a right to self-defense, but what exactly this means can be ambiguous. The Oregon Supreme Court has recently ruled that a person has the right to defend themselves, up to and including using deadly force, if they feel sufficiently threatened. This is based on a court ruling from 2007, State v. Sandoval, 342 Or. 506, 513-14, (2007). Previously, the court ruled there was a duty to retreat before using this force. This can lead to issues with self-defense claims that a Portland Defense Lawyer will need to sort out in order to mount a successful affirmative defense.
Portland Defense Lawyer on Raising This Defense
It is important that a person face or think they are facing a deadly threat if they use deadly force. For instance, if they are in an argument and it appears the other person has a gun, it may be legal to fire first. Even if it turns out that the person did not have a gun or other weapon, that does not bar a person from raising this defense.
This law has proven controversial in other states, most notably in Florida in the Trayvon Martin killing. It requires an experienced Portland Defense Lawyer who knows the law and knows how to be present this defense.
At Kroll & Johnson, we have helped many people facing serious charges stemming from an argument where they used force. We will aggressively fight for your rights and do our best to achieve the best possible results for your case. Serious charges require serious attorneys – at Kroll & Johnson, we are serious about providing the best representation possible for our clients. To discuss your case with a Portland Defense Lawyer, contact Kroll & Johnson today for a free consultation.