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I have emergency access to my attorneys and will pose these questions during business hours, "If threatened, accosted and in fear of harm from a much younger muscular man threatening harm (very emotional agitated and stating he is going to meet up), does one have the right to threaten deadly force if the other person doesn't retreat or stop"? From what I read of the Oregon law, unless he is committing a felony threatening physical force, committing a burglary in a dwelling or using or about to use deadly physical force against a person, the answer would be no. Do you agree?
161.219 Limitations on use of deadly physical force in defense of a person. Notwithstanding the provisions of ORS 161.209, a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is:
(1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or
(2) Committing or attempting to commit a burglary in a dwelling; or
(3) Using or about to use unlawful deadly physical force against a person. [1971 c.743 §23]
"Could the overwhelming physical strength of one individual over another be considered "deadly physical force"?"
161.015 General definitions.
(3) "Deadly physical force" means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury. ... (9) "Possess" means to have physical possession or otherwise to exercise dominion or control over property.
161.219 Limitations on use of deadly physical force in defense of a person. Notwithstanding the provisions of ORS 161.209, a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is:
(1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or
(2) Committing or attempting to commit a burglary in a dwelling; or
(3) Using or about to use unlawful deadly physical force against a person. [1971 c.743 §23]
"Could the overwhelming physical strength of one individual over another be considered "deadly physical force"?"
161.015 General definitions.
(3) "Deadly physical force" means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury. ... (9) "Possess" means to have physical possession or otherwise to exercise dominion or control over property.
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