Short Law group, P.C.
Free Consultations - Se Habla Español

Criminal defenses and the burden of proof in Oregon

When an Oregon resident is accused of committing a crime, and criminal charges are brought, a specific set of legal consequences will follow. From the beginning of the case through its completion, there are a variety of legal actions that can be taken by both the prosecution and the defense. These actions are necessary in order to ensure that a person's due process rights are not violated.

During the criminal justice process, those accused of committing a crime will have the opportunity to defend themselves. This happens as part of the criminal proceedings. The defendant will be given the opportunity to present a criminal defense showing why the person should not be found guilty of a crime.

In order to avoid conviction, the accused person can try to prove certain defenses to the crime. When this happens, each party has a burden of proof that must be met. Under section 161.055 of the Oregon criminal code, the prosecution has the burden of disproving certain defenses.

In this situation, the prosecutor must show that the defense does not apply beyond a reasonable doubt. However, the state only needs to disprove defenses that are raised by the defendant in the case. The state must have been informed of the defense in writing prior to the start of the trial in order for this section to apply.

However, if the defense raises an affirmative defense, like self-defense, the burden shifts to the defendant. In this situation, the defendant must prove, by a preponderance of the evidence, that the defense applies. This means that the defense must show that it is more likely than not that the defense is applicable.

Those facing criminal charges in Oregon need to understand when they are responsible for showing something occurred. In most cases, the burden on proof is on the prosecutor. However raising a criminal defense may shift that burden. An attorney can help people formulate a criminal defense strategy and argue in front of the court.

No Comments

Leave a comment
Comment Information

Two Convenient Law Offices to Serve You

Contact us to learn how we can help you overcome the challenges you face. For a free consultation with Short Law Group, call our Portland or Salem offices today at 503-747-7198. If you need an evening appointment or an interview at a police station or jail following an arrest, just let us know. Se habla español.

Portland Office
12755 SW 69th Avenue
Suite 200
Portland, OR 97223

Phone: 503-747-7198
Fax: 503-747-2951
Portland Law Office Map

Salem Office
530 Center Street NE
Suite 722
Salem, OR 97301

Phone: 503-747-7198
Fax: 503-747-2951
Salem Law Office Map

Review Us