Experienced Oregon Criminal and DUII Defense Lawyer

Tag Archives: Domestic Violence

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Eugene Oregon Criminal Defense Lawyer / Attorney

Eugene, Oregon Criminal Defense Lawyer

Call Now for an Appointment

541.345.4500

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Call Now for an Appointment

541.345.4500

The Duvall Law Office is based in Eugene Oregon, and handles criminal cases throughout the state.  If you are seeking an experienced criminal defense lawyer to represent you on any charge ranging from an Oregon Measure 11 offense, to a domestic abuse or child abuse charge, to driving under the influence of intoxicants (aka DUII, DUI, DWI or drunk driving), call us to schedule an appointment.  We are well-versed in the Oregon criminal system, which is largely governed by the Oregon Criminal Code, the application of which is explained in ORS 161.035:

Application of Criminal Code

“(1) Chapter 743, Oregon Laws 1971, shall govern the construction of and punishment for any offense defined in chapter 743, Oregon Laws 1971, and committed after January 1, 1972, as well as the construction and application of any defense to a prosecution for such an offense.

(2) Except as otherwise expressly provided, or unless the context requires otherwise, the provisions of chapter 743, Oregon Laws 1971, shall govern the construction of and punishment for any offense defined outside chapter 743, Oregon Laws 1971, and committed after January 1, 1972, as well as the construction and application of any defense to a prosecution for such an offense.

(3) Chapter 743, Oregon Laws 1971, shall not apply to or govern the construction of and punishment for any offense committed before January 1, 1972, or the construction and application of any defense to a prosecution for such an offense. Such an offense shall be construed and punished according to the law existing at the time of the commission of the offense in the same manner as if chapter 743, Oregon Laws 1971, had not been enacted.

(4) When all or part of a criminal statute is amended or repealed, the criminal statute or part thereof so amended or repealed remains in force for the purpose of authorizing the accusation, prosecution, conviction and punishment of a person who violated the statute or part thereof before the effective date of the amending or repealing Act.”

If you are seeking an experienced Eugene, Oregon criminal defense lawyer, call now:

541.345.4500

 

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Experienced Eugene Oregon Measure 11 Sexual Abuse in the First Degree Criminal Defense Lawyer / Attorney

Call Now for an Appointment – 541.345.4500

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Call the Duvall Law Office now to schedule an appointment to discuss your case at 541-345-4500.

 

At the Duvall Law Office, we represent individuals who are accused of all types of criminal charges throughout the state of Oregon. These charges include Measure 11 offenses, domestic violence and/or domestic or child abuse accusations (Assault, Menacing, Harassment, Coercion, Strangulation), all forms of sex abuse / sexual offenses as well as DUI (aka, Driving Under the Influence of Intoxicants, DUII, DWI or more commonly called “drunk driving”). One of the many offenses on which we provide defense is the Oregon Measure 11 offense of Sexual Abuse in the First Degree.

 

Sexual Abuse in the First Degree is defined by Oregon law as follows:

 

“OSB 163.427

Sexual abuse in the first degree

(1) A person commits the crime of sexual abuse in the first degree when that person:

(a) Subjects another person to sexual contact and:

(A) The victim is less than 14 years of age;

(B) The victim is subjected to forcible compulsion by the actor; or

(C) The victim is incapable of consent by reason of being mentally defective, mentally incapacitated or physically helpless; or

(b) Intentionally causes a person under 18 years of age to touch or contact the mouth, anus or sex organs of an animal for the purpose of arousing or gratifying the sexual desire of a person.

(2) Sexual abuse in the first degree is a Class B felony.”

If you are facing the Oregon Measure 11 offense of Sexual Abuse in the First Degree charges, or any criminal offense within the state of Oregon, contact the Duvall Law Office at 541-345-4500 to schedule an appointment. The Duvall Law Office is based in Eugene, Oregon, and regularly represents individuals charged with criminal and DUI offenses in Lane County Circuit Court, Eugene Municipal Court and Springfield Municipal Court, as well as the surrounding courts of Junction City Municipal Court, Cottage Grove Municipal Court, and Coburg Municipal Court.

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Experienced Eugene Oregon Coecerion Criminal and DUI Lawyer / Attorney

Call Now for an Appointment – 541.345.4500

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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.

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Eugene Oregon Criminal and Drunk Driving Lawyer Explains How Domestic Abuse Can Lead to DUII Charge

Blog Logo FinalIMG_6574It is not uncommon that someone flees a domestic abuse (domestic violence) event while he or she is under the influence of intoxicants.  This can lead to the person being charged with drunk driving (aka DUII, DUI, DWI, Driving Under the Influence of Intoxicants, Driving While Intoxicated.  If the person charged is consider the victim of domestic violence, then he, or more likely, she may attempt to claim the defense of “Choice of Evils,” but that is difficult.  A choice of evils defense applies when their is no reasonable alternative to breaking the law, here, driving under the influence of intoxicants (drunk driving).  If the DUI arrestee is considered the perpetrator of domestic violence (domestic abuse), then in addition to the drunk driving charge, the person may also be defending himself against one of many domestic abuse type charges.  These include Assault, Harassment, Menacing, Strangulation, Coercion – and even Kidnapping.  Some domestic violence charges are so serious that they fall under the list of criminal offenses with mandatory minimum sentences, under the Oregon Measure 11 law.

The Oregon criminal and drunk driving defense  firm, the Duvall Law Office, based in Eugene, Oregon, regularly represents people accused of Oregon domestic violence charges, including those listed above (Menacing, Harassment, Assault, Coercion, Strangulation) and Measure 11 offenses, in addition to any felony DUI or misdemeanor DUI charges which are related to the domestic abuse accusations.  While the law office is  based in Eugene, Oregon, and regularly represents people charged in Lane County Circuit Court in Eugene, Eugene Municipal Court, Springfield, Oregon, Municipal Court, Junction City Municipal Court, Cottage Grove Municipal Court, it also practices in Corvallis, Albany, Roseburg, Florence, and throughout the state of Oregon.  If you are charged with a felony Drunk Driving, misdemeanor Drunk Driving, or domestic abuse charge anywhere in Oregon, please contact the Duvall Law Office to schedule an appointment to discuss your case: 541.345.4500.