Situations arise where it becomes necessary to consult an attorney for guidance. At The Law Office of Andrew M. Kohlmetz, LLC, I serve as an assault defense attorney in Portland, OR, for clients throughout the state. My criminal defense services include options for those facing first or second-degree assault charges.
Defense for Your Assault Case
Assault in the First and Second Degree are the two categories of major assault in Oregon. These assault charges typically involve the use of a deadly or dangerous weapon and serious physical injury. Fights in bars or tavern, at sporting events, or while otherwise recreating sometimes occur. Vehicular assaults are also a common type of assault I see in state court; usually assault in the second degree where someone is injured in a drunk driving car accident.
In physical assault cases, Oregon recognizes a robust set of self-defense laws that allow one to reasonably defend oneself from what one believes is the imminent use of force against them. Most serious assault cases sexual or otherwise require a robust defense investigation, an expert review of medical records is often appropriate and depending on the circumstances the assistance and input of other experts is also required.
Identifying Sexual Assault
Sexual assault in Oregon involves cases of rape, sodomy, unlawful sexual penetration, and sexual abuse in their caring degrees. Sexual assaults can be accomplished by violence coercion or other means. Lack of consent to sexual contact is a minimum but can be established in a variety of ways. Minors are held to be incapable of consent by virtue of their age. Sleeping, intoxicated, or otherwise incapacitated persons may be incapable of going consent.
Most assaults occur between people who know each other, although stranger on stranger cases do occur with some frequency. In stranger to stranger cases, witness identification of the client as the perpetrator is often in issue. In some stranger to stranger cases, DNA evidence can play a critical role in determining guilt or innocence. False (or even mistaken) accusations of assault or rape are not unheard of.
Defense for Sexual Assault Charges
In most major or sexual assault cases examined thorough defense investigation is a necessity. The relationship between the parties and any witnesses must be thoroughly examined. The facts leading up to, including and after the alleged incident must be completely vetted. In sexual assault cases based upon a lack of consent due to age, there are specific age-related defenses that may be available to the client. In other lack of consent cases, Oregon evidence law very strictly limits the type of information the defense may put before the jury concerning the accuser. However, in cases involving potentially false accusations, Oregon recognizes a rather broad right of the client to introduce evidence that the accuser has made other prior false accusations against others.
Contact me, Andrew M Kohlmetz, to understand the right process to follow for your assault case. I provide guidance for clients in Portland, Oregon, and throughout the state.