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Category Archives: Coercion

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Eugene Oregon Criminal Defense Lawyer / Attorney – Defends Strangulation ORS 163.187

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Eugene Oregon Criminal

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541.345.4500

Eugene Oregon Criminal

Defense Lawyer / Attorney

The Duvall Law Office is based in Eugene, Oregon, and regularly defends those accused of domestic violence / abuse / assault, and similar offenses in the Eugene / Springfield area and around the state.

Oregon’s strangulation law is set forth as follows:

ORS 163.187

Strangulation

(1) A person commits the crime of strangulation if the person knowingly impedes the normal breathing or circulation of the blood of another person by:

(a) Applying pressure on the throat or neck of the other person; or

(b) Blocking the nose or mouth of the other person.

(2) Subsection (1) of this section does not apply to legitimate medical or dental procedures or good faith practices of a religious belief.

(3) Strangulation is a Class A misdemeanor.

(4) Notwithstanding subsection (3) of this section, strangulation is a Class C felony if:

(a) The crime is committed in the immediate presence of, or is witnessed by, the persons or the victims minor child or stepchild or a minor child residing within the household of the person or the victim;

(b) The victim is under 10 years of age;

(c) During the commission of the crime, the person used, attempted to use or threatened to use a dangerous or deadly weapon, as those terms are defined in ORS 161.015 (General definitions), unlawfully against another;

(d) The person has been previously convicted of violating this section or of committing an equivalent crime in another jurisdiction;

(e) The person has been previously convicted of violating ORS 163.160 (Assault in the fourth degree), 163.165 (Assault in the third degree), 163.175 (Assault in the second degree), 163.185 (Assault in the first degree) or 163.190 (Menacing) or of committing an equivalent crime in another jurisdiction, and the victim in the previous conviction is the same person who is the victim of the current crime; or

(f) The person has at least three previous convictions of any combination of ORS 163.160 (Assault in the fourth degree), 163.165 (Assault in the third degree), 163.175 (Assault in the second degree), 163.185 (Assault in the first degree) or 163.190 (Menacing) or of equivalent crimes in other jurisdictions.

(5) For purposes of subsection (4)(a) of this section, a strangulation is witnessed if the strangulation is seen or directly perceived in any other manner by the child. [2003 c.577 §2; 2011 c.666 §1; 2012 c.82 §1″

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541.345.4500

Eugene Oregon Criminal

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Experienced Eugene Oregon Coecerion Criminal and DUI Lawyer / Attorney

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Call (541) 345-4500 to schedule an appointment with the Duvall Law Office to discuss your case with an experienced criminal defense attorney. The Duvall Law Office represents individuals accused of criminal (including Measure 11 offenses, domestic violence crimes, and drunk driving type charges – DUI / DUII / driving under the influence) throughout the state of Oregon.

One of the many felony criminal charges we represent defendants on is the Class C felony of Coercion. The Oregon law defining this charge is set forth in ORS 163.275:

“(1) A person commits the crime of coercion when the person compels or induces another person to engage in conduct from which the other person has a legal right to abstain, or to abstain from engaging in conduct in which the other person has a legal right to engage, by means of instilling in the other person a fear that, if the other person refrains from the conduct compelled or induced or engages in conduct contrary to the compulsion or inducement, the actor or another will:

(a) Unlawfully cause physical injury to some person;

(b) Unlawfully cause damage to property;

(c) Engage in conduct constituting a crime;

(d) Falsely accuse some person of a crime or cause criminal charges to be instituted against the person;

(e) Cause or continue a strike, boycott or other collective action injurious to some persons business, except that such a threat is not deemed coercive when the act or omission compelled is for the benefit of the group in whose interest the actor purports to act;

(f) Testify falsely or provide false information or withhold testimony or information with respect to anothers legal claim or defense; or

(g) Unlawfully use or abuse the persons position as a public servant by performing some act within or related to official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.

(2) Coercion is a Class C felony.”

Whether you need to retain an experienced criminal defense attorney for a case in Eugene, Corvallis, Albany, Roseburg, or any circuit or municipal court anywhere in Oregon, call the Duvall Law Office at: 541 345-4500.