Oregon self-defense laws explained

By Camila Orti

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    CLATSOP COUNTY, Oregon (KPTV) — A couple of high-profile trials awaiting verdicts both bring up the question of self-defense.

Each state has slightly different self-defense laws, and how the law is applied can change drastically depending on where the confrontation is taking place.

Former Clatsop County district attorney, Josh Marquis, says there are many misconceptions about how and when using physical force is protected under the law.

In Oregon you can use physical force to defend yourself or others if there’s a reasonable belief that unlawful physical force will be used on you or others. That simple definition doesn’t change much from state to state, and Marquis says the Kyle Rittenhouse and Ahmaud Arbery trials would likely be playing out in a similar fashion if the situations took place in Oregon or Washington.

“In this particular instance there really is no difference [from state to state], in both cases the issue is did the defendant- any of the four of them- have a right to use deadly force,” Marquis told FOX 12.

Deadly force – in Oregon – is defined as physical force capable of killing a person or causing serious bodily injury. Marquis explained that even simply brandishing a deadly weapon- meaning something designed to kill people- could be considered “using” deadly force.

“‘Use’ means pulling it out of the holster, even if you keep your finger outside of the guard and point it at the ground,” Marquis said.

A few years ago, Michael Strickland was sentenced for pointing a gun at Portland protestors back in 2016. His attorney argued that he was just protecting himself, but the Multnomah County judge found that Strickland’s response did not match the level of the threat.

“Unless you really believe that someone’s life is or is about to be threatened, do not bring a firearm into a confrontation,” Marquis said.

Marquis says he’s often asked about situations pertaining to a person’s home or property. If somebody is breaking into your home, he says, the law gives you more protection when it comes to defending yourself and your loved ones.

“There’s a presumption- I think it’s not unreasonable- if somebody is in your home without your permission, they present a threat to you,” Marquis said.

But that only applies inside your home, Marquis explained.

Back in 2013, a Vancouver man was charged for shooting and killing a car prowler in his neighborhood. That case was later dismissed, but Marquis says even if the car prowler had been in the man’s driveway, he does not automatically have the right to use deadly force unless that person was directly threatening their life.

In addition, Marquis says people cannot provoke a confrontation or purposely escalate a situation in order to then use physical force and claim self-defense. If somebody is retreating or communicating a withdrawal- even after provoking a situation or committing an unlawful act, like breaking into a home- people cannot legally use deadly force against that person.

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