Asked in Personal Injury for Oregon

Q: Can I file charges against someone who used unreasonable physical force with multiple weapons.

I was cited for trespassing

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2 Lawyer Answers
Jennie Lynn Clark
Jennie Lynn Clark
Answered
  • Portland, OR
  • Licensed in Oregon

A: You can make a police report against someone who used unreasonable physical force with multiple weapons. If you have been a victim of a crime, it would be good to seek justice by making a police report. The police may or may not do an adequate investigation and may or may not refer it to the DA's office.

It sounds like the situation may be complex, as you state you were cited for trespassing. If you were trespassing against the person who assaulted you, the person may possibly make a self-defense claim.

Virgil Royer agrees with this answer

Virgil Royer
Virgil Royer
Answered
  • Salem, OR
  • Licensed in Oregon

A: Yes, you can file charges against anyone by contacting the police to make a report. However, making a false report and/or misleading the officer away from what really happened is a crime. In short, you cannot lie about what happened. The officer will ask questions that might make sense of the incident. If you were trespassing, and the owner of the property told you to leave (or there was a "NO TRESPASSING" sign), perhaps some "threat" was reasonable and justified. The fact that you were cited assumes that an officer made a determine on your complaints and decided they did not warrant further police action. However, you might be able to file a claim for damages as a personal injury claim for assault and battery. If you want to file a civil claim (called "Tort"), you should contact an attorney right away to discuss the facts of your case and what type of claims you might have against the person. There are time limitations, so you should act quickly.

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