Oregon Self-Defense - Assault

State:
Multi-State
Control #:
US-00890
Format:
Word; 
Rich Text
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Description

Sample Jury Instruction - This sample jury instruction states that the assault was justified on the grounds of self-defense.

How to fill out Self-Defense - Assault?

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FAQ

You can use physical force under Oregon self-defense property law to prevent or terminate what you reasonably believed to be the commission or attempted commission of criminal trespass by another person in or upon the premises.

Though Oregon does not have a stand your ground statute, the state supreme court has held that there is no duty to retreat before using force in self-defense in public. Oregon law allows for the use of deadly force to prevent certain property crimes.

If you're facing assault charges, you can argue that you acted in self-defense to protect yourself, others, or your property against an imminent threat. However, you must prove you were in danger of a real or perceived threat and that you used reasonable force in defending yourself.

Ing to Oregon law, ?A person may use physical force upon another person in self-defense or in defending a third person, in defending property, in making a [citizen's] arrest or in preventing an escape.? ?In Oregon,? says Portland criminal defense lawyer Lisa J.

A person in lawful possession or control of premises is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to prevent or terminate what the person reasonably believes to be the commission or attempted commission of a criminal trespass by the ...

If the trespasser does not leave within a reasonable time and it would appear to a reasonable person that the trespasser poses a threat to the property or the occupants, the occupant may use reasonable force to make the trespasser leave.

Except as provided in ORS 161.215 and 161.219, a person is justified in using physical force upon another person for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force, and the person may use a degree of force which the person ...

If they refuse to leave, they are trespassing and you may enlist local law enforcement to remove them from your property. If your family member verbally agreed to pay you rent, but that agreement was never written down, you may be able to collect back rent.

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Oregon Self-Defense - Assault