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The Duvall Law Office is based in Eugene, Oregon. Our practice is focused on criminal defense, which includes all defenses including everything from Measure 11 offenses, to domestic violence charges, to drunk driving (aka, Driving Under the Influence of Intoxicants, DUII, DWI). To schedule an appointment to discuss your case, please call: 541-345-4500.
A criminal defense which arises often in criminal cases is “self-defense.” This defense is set forth in the Oregon Revised Statutes. Specifically, it is set out in ORS 161.205. Its language is as follows:
Use of physical force generally
The use of physical force upon another person that would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:
(1)(a) A parent, guardian or other person entrusted with the care and supervision of a minor or an incompetent person may use reasonable physical force upon such minor or incompetent person when and to the extent the person reasonably believes it necessary to maintain discipline or to promote the welfare of the minor or incompetent person.
(b) Personnel of a public education program, as that term is defined in ORS 339.285 (Definitions for ORS 339.285 to 339.303), may use reasonable physical force upon a student when and to the extent the application of force is consistent with ORS 339.291 (Use of physical restraint or seclusion).
(2) An authorized official of a jail, prison or correctional facility may use physical force when and to the extent that the official reasonably believes it necessary to maintain order and discipline or as is authorized by law.
(3) A person responsible for the maintenance of order in a common carrier of passengers, or a person acting under the direction of the person, may use physical force when and to the extent that the person reasonably believes it necessary to maintain order, but the person may use deadly physical force only when the person reasonably believes it necessary to prevent death or serious physical injury.
(4) A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical self-injury may use physical force upon that person to the extent that the person reasonably believes it necessary to thwart the result.
(5) A person may use physical force upon another person in self-defense or in defending a third person, in defending property, in making an arrest or in preventing an escape, as hereafter prescribed in chapter 743, Oregon Laws 1971.
Self-defense can arise in many cases which may be as serious as charges under Oregon’s Measure 11 law, certainly in many domestic violence cases (involving assault, harassment, strangulation, menacing and coercion), and self-defense can arise in various other circumstances where one needs to use physical force to protect him or herself from eminent danger.
The Duvall Law Office has significant experience defending those charged with these offenses using self-defense, where justified and appropriate. While our practice is based in Eugene, we practice throughout the state of Oregon, and specifically in our region which includes Corvallis, Albany and Roseburg, as well as the smaller communities of Cottage Grove, Florence, Junction City, Coburg, and other municipalities.
To sit down with a criminal defense lawyer and discuss your case, whether it is a potentially life-altering charge under Oregon’s Measure 11 Law, an allegation of domestic abuse, child abuse or something which is criminal although on the lower end of the scale such as shoplifting or Theft in the Third Degree, call us to schedule an appointment – 541.345.4500. We also spend a significant amount of energy defending those charged with Driving Under the Influence of Intoxicants (aka drunk driving, DUI, DUII, DWI, Driving While Intoxicated).