State v. Mickels

Under ORS 161.190, all crimes are subject to justification defenses unless an exception applies.

Defendant was charged with one count of felon in possession of a firearm with a firearm (FIP-firearm), an enhancement under ORS 161.610(2). The offense of FIP-firearm specifically refers to use of a firearm while committing the underlying felony crime of possession of a firearm. On appeal, the Defendant raised three assignments of error, arguing the trial court erred in (1) denying the Defendant’s motion for judgment of acquittal (MJOA) regarding the FIP-firearm; (2) convicting the Defendant of FIP-firearm; and (3) imposing a sentence under ORS 161.610. Together, these assignments raised the question of whether self-defense applied to the crime of FIP-firearm. The Oregon State Court of Appeals reversed the conviction and remanded for entry of a lesser conviction of felon in possession of a firearm. The Court held that under ORS 161.190, all crimes are subject to justification defenses unless an exception applied. The State could not disprove the Defendant’s use of the firearm was done in self-defense, therefore the Defendant’s assertion of self-defense was valid. Additionally, the Court held that the plain language of ORS 161.610(2) suggested the ”use or threatened use of a firearm” was an element of a new, aggravated crime, not an enhancement. REVERSED and REMANDED.