Oregon Self Defense Law Guide

Like all states, Oregon has its own self-defense laws. Typically, the Oregon criminal code makes it unlawful to assault and kill another individual. However, there are exceptions to this rule under Oregon self-defense laws that make it lawful in some circumstances for an individual to assault and in some situations, kill another individual without being convicted of a crime.

However, this does not mean that the state of Oregon cannot file criminal charges against you for killing or assaulting someone even with Oregon self-defense laws. If you are charged with a crime for assault or even murder in the State of Oregon, you can use Oregon self-defense statutes as a defense in criminal proceedings against you. It can also be used to deter the State from filing charges against you. If you’ve been involved in a self-defense situation and need a criminal defense lawyer, I can help. I cover the entire Portland area including Beaverton, Tigard, and Hillsboro. Call me or click the button below to get your free legal strategy session.

What Oregon self-defense laws don't guarantee

Oregon self-defense laws, however, are not a guarantee that it won't lead to a conviction. It depends on each circumstance and the amount of force used in each circumstance. For instance, under Oregon self-defense laws, it may not be a pure justified defense if you bring a gun to a fistfight.

Under Oregon self-defense law, there are several things that a person is justified in using physical force for defending. This includes self-defense of yourself. It also includes the defense of another person. It also includes defense of your property and building and the property of another. 

All of these Oregon self-defense laws have specific conditions on when self-defense is justified under each circumstance. There are also specific conditions on when a person is justified to use deadly force for self-defense in Oregon. 

Oregon self-defense law of yourself or another person

For self-defense of yourself or for a third person, you are justified in the state of Oregon to use physical force on another person for self-defense from what you reasonably believe “to be imminent use of unlawful physical force.” This is also commonly known as Oregon's stand-your-ground law.

In order to be justified for self-defense of yourself or another person in Oregon, you must believe it is “imminent”  that a perpetrator is about to punch, kick or use a weapon against you or another person. If the perpetrator has a closed fist and bat in his hand and cocks back to swing you would most likely be justified to act in self-defense against that person. Any circumstance beyond that will all be circumstantial based on the demeanor, threats, prior history of the perpetrator. 

Threats

If a person makes a threat to cause harm to you or another person in a few days or weeks that may not be enough to show that the threat was imminent to act in self-defense under Oregon stand your ground law.

Also under Oregon stand your ground law, the other part of the equation in defense of yourself or another person is how much force is lawfully allowed to act in self-defense under Oregon law? The same Oregon self-defense statute notes a person “may use a degree of force which the person reasonably believes to be necessary for the purpose.” 

Reasonable Belief

Each situation is based on your reasonable belief on whether or not the use of force was necessary and a jury would have to find that you really did not reasonably believe that a bat was necessary. Also, given that these are split-second situations you may be given the benefit of the doubt with a jury depending on the circumstance. Most people will not weigh out the legal percussions in the head to decide whether to use a knife, fist or bat for self-defense in a physically threatening situation. Again, each circumstance will depend if you knew the use of force in that situation was unreasonable.

If the situation is a fistfight, the use of deadly force may not be necessary and may not be justified for self-defense under Oregon law. However, that may not always be true depending on the circumstance. For example, if the person is a bigger person, and or a trained fighter and or is in good shape and works out regularly, and the victim is a smaller victim such as a child and you reasonably believe contact could prove lethal, then that could be justified under the deadly physical force statute in Oregon. 

Also depending on the circumstance, if a person wants to fistfight with you or a person next to you that is of a similar weight and size (or if the person that wants to fistfight is smaller weight and size and is not physically fit), and you use a knife or a bat against that person and stab that person or hit them hard and square with a bat, a jury may be able to find that type of self-defense was not reasonably believed to be necessary.

Limitations on self-defense laws of yourself and another person

This also coincides with the limitations Oregon has also set on self-defense of yourself or another person. Under Oregon law, you may not be justified for self-defense if you provoke the imminent unlawful physical person or if you are the initial aggressor. However, if you withdraw from the encounter and communicate the intent to do so, then you are no longer the aggressor if the other person continues to threaten and use unlawful physical force. So if you started the fight you will not be able to use self-defense unless you can show you withdrew and you acted in self-defense thereafter.

Also, self-defense may not be justified if the physical force is “combat by agreement” not authorized by law. This could include agreeing to meet someone at a later time for a fistfight when it’s not in the heat of the moment. This is known as a mutual combat. Some states justify injury done to another in mutual combat, however, the state of Oregon does not make physical force on another person justified. You can be charged with a crime if you impose bodily injury on another person or kill another person in a mutual combat situation. 

Oregon self-defense of property

Also under Oregon self-defense law, you may be justified to use physical force in defense of your property. There are two different statutes for the defense of property.

Under the first Oregon self-defense of property law, you are justified in using physical force other than deadly physical force when you reasonably believe it to be necessary to prevent or terminate the commission or attempted commission by the other person of theft or criminal mischief of property. 

The difference in this statute is that you do not have to be the owner of the property. This could apply to any property. This statute also has a broad definition of “property” meaning it could not just be real estate, but it could also include any type of personal belongings or belongings of others. The statute in many ways allows Oregon citizens to act as law enforcement when they observe the commission of a crime related to property. However, the caveat here is that this statute does not allow the use of deadly force.

Reasonably believe a crime is being committed

Also, under Oregon self-defense law, you can use physical force if you reasonably believe the other person is stealing or committing criminal mischief of property. So even if you later find that the person was not committing a crime, but you reasonably believed they were, your actions may still be justified. It would all come down to if you actually believed the person was committing a crime.

This also only applies to theft of any property and possessions and criminal mischief of property. Criminal mischief can include spray painting property or causing any other kind of damage or defacement of property. This does not include trespassing on the property which the other Oregon self-defense property statute explained further below includes. You must control or lawfully possess the premises in order to use physical force against a trespasser in that circumstance.

Also, the use of force again has to be reasonably necessary to prevent or terminate the commission of the crime. Just like defense of yourself or another person, it would come down to whether or not the use of force is reasonably necessary. Also, a jury could determine that depending on the circumstance if you use a bat or a knife, it could determine it was the use of deadly physical force and you may not be covered under the statute for a defense. Also, if you use a knife or a bat against another person to keep them from spray painting a building that may not be justified if you knew that kind of force was not reasonably necessary.

Oregon self-defense of law of premises you control or legally possess

The other self-defense of property relates to a person that is in “lawful possession or control of premises.” “Premises” is a broader term or “Building” that includes any building and would apply to a hotel room, Airbnb, a booth, vehicle, boat, aircraft, or other structure adapted for overnight accommodation. Given that broad interpretation, it could be up to a matter of interpretation if a tent and a campsite would be included. A trailer would be included. It also includes offices and rented rooms. This is also typically known as Oregon castle law. Given the broad definition, Oregon castle self-defense law can be broader than other states that limit it to personal real estate or homes. 

You are most likely in lawful possession of those premises if you paid for those amenities. However, the statute also notes, “control of premises” which could also be even broader. So a person may be able to act in self-defense on a property if they are in control. This could most likely include a babysitter at another person’s home or someone staying at a hotel or rental paid for by someone else but is allowed control by the renter.

The law is less clear on whether or not a visitor of a property where the landowner or controller is able to act under this statute. However, even if you are just a visitor and it's found you are not in control or lawful possession, you can still act in self-defense of the property. That's under the other property statute noted above, but you just can't use deadly force.

Lawful Possession

If you are in lawful possession of the premises and or are in control of the premises, the statute allows for the use of deadly force but only under specific conditions. The conditions are the same for the use of deadly force in defense of yourself or another person explained further below. 

Outside those exceptions, the language is the same as self-defense of yourself or another person. 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. 

So under Oregon self-defense law, if you reasonably believe a person is not authorized on the premises you are authorized to use physical force necessary to prevent the trespassing. This would allow private guards and security to use physical force to prevent trespassing if the language “control” includes security guards controlling the premises.

So you may use physical force if you reasonably believe someone is trespassing on property that you control or are in lawful possession of. However, again, you must reasonably believe it to be necessary to prevent or terminate the criminal trespass. It could be unreasonable if you use physical force and you knew they could have left by just yelling at them. However, it all depends on your own subjective belief depending on the circumstance.

Oregon use of deadly force in self-defense

Use of deadly force in Oregon in self-defense of property you control or possess.

Under Oregon law, deadly force is defined as “physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury.” So again, a bat could be deadly force depending on the circumstances. A knife is more likely to be deadly force. A gun would be deadly force. Also, depending on the circumstance and the build of one of the individuals and the smaller build of the other person such as a child, just the use of fists or kicking could be deadly force.

When is deadly force justified?

Oregon law has specific provisions as to when the use of deadly force is justified. It can be justified in some circumstances when it is in defense of yourself or another person or in defense of a premise that you lawfully possess or control. If it involves premises you control or lawfully possess, you can only use deadly force on your property if you are defending yourself or another person based on specific conditions. 

The conditions under Oregon self-defense laws are, (1) if the trespasser is committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person. (2) Or if the trespasser is committing or attempting to commit a burglary in a dwelling. (3) Or if the trespasser is using or about to use unlawful deadly force against a person.

Getting Specific

(3) Is more straightforward than the rest. If someone pulls a gun on you, you are justified in using deadly force. Brandishing a knife could also be deadly force. A bat could also be deadly force but could be up to be a jury to decide if that was deadly force and your reasonable belief that the bat is deadly force.

(2) A burglary under Oregon law is defined as entering or remaining unlawfully in a building with the intent to commit a crime. So if someone enters your premises and you reasonably believe they are about to commit a crime you can use deadly force. A “crime” is broadly defined so it could mean anything from theft, to assault to criminal mischief. It also just depends on your reasonable belief they are committing a crime.

(1) Is more narrow than (2). Most individuals don’t know what a felony is. However, (1) is somewhat redundant of (2). (2) includes (1) and (1) is just more narrow than (2). If a person is committing a felony then it is a burglary. A felony is broad as well. There are many types of felonies. Assault may not be a felony and could just be a misdemeanor depending on if a weapon is used or not and the amount of injuries the person sustained. Theft may also be a misdemeanor and not a felony. It depends on the monetary amount stolen on whether or not it is a felony or a misdemeanor. The same is true for criminal mischief and the amount of damage to the property.

In the heat of the moment

Again, an average person can't quickly determine what's a felony and what isn't. Especially not in the heat of the moment on whether to use deadly force. It all comes down to whether you reasonably believe a felony is about to be committed. Also, this is only allowed if this is in defense of yourself or another person.

However, the statute also allows the use of deadly force if it is necessary to prevent the commission of arson or a felony by force and violence by the trespasser.

Conclusion on the use of deadly physical force in self-defense of yourself or another person in Oregon

The use of deadly physical force in the self-defense of yourself or another person in Oregon is almost like the property statute. (1) It allows the use of deadly physical force if a person is committing or attempting to commit a felony. The act also has to include the use of threatened imminent use of physical force against a person. (2) It also allows use of deadly force when a person commits to commit a burglary in a dwelling or (3) if a person is about to use unlawful deadly force against a person.

Reach out to me for a free legal consultation on your specific situation if you need an Oregon self-defense lawyer.

*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.