What is Considered Self-Defense in Arizona?

What is Considered Self-Defense in Arizona?

If you or your loved ones are being physically threatened or harmed, Arizona allows for you to use physical, or even deadly, force to protect yourself or those around you from immediate harm as long as its use is reasonable and proportionate to the threat you are facing. When employed correctly, this is considered justified self-defense.

Arizona allows for physical force to be used in regard to the protection of oneself or those around them as well in the defense of premises, property, or to prevent a crime.

For the use of self-defense to be justified in a court of law, the amount of force used must be considered an amount that would have been used by any ordinary and reasonable person in that same situation. This is known as the “Reasonable Person Test.”

Additionally, the force used in self-defense must be proportionate to the threat or physical force used against them. Continuing to punch someone after they have stopped hitting you, or shooting someone in response to them slapping you, are examples of disproportionate responses that would not be considered self-defense.

Arizona statute divides self-defense in various laws as follows:

Self-Defense: Justification

According to A.R.S. 13-404, a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other’s use or attempted use of unlawful physical force.

The threat or use of physical force against another is not justified:

• In response to verbal provocation alone; or
• To resist an arrest that the person knows or should know is being made by a peace officer or by a person acting in a peace officer’s presence and at his direction, whether the arrest is lawful or unlawful, unless the physical force used by the peace officer exceeds that allowed by law; or
• If the person provoked the other’s use or attempted use of unlawful physical force, unless:
  • The person withdraws from the encounter or clearly communicates to the other his intent to do so reasonably believing he cannot safely withdraw from the encounter; and
  • The other nevertheless continues or attempts to use unlawful physical force against the person.

Use of Deadly Force: Justification

According to A.R.S 13-405, a person is justified in threatening or using deadly physical force against another:

• If such person would be justified in threatening or using physical force against the other under the A.R.S. 13-404 self-defense statute, and
• When and to the degree a reasonable person would believe that deadly physical force is immediately necessary to protect himself against the other’s use or attempted use of unlawful deadly physical force.

A person has no duty to retreat before threatening or using deadly physical force pursuant to this section if the person is in a place where the person may legally be and is not engaged in an unlawful act.

Defense of Another Person: Justification

According to A.R.S. 13-406, a person is justified in threatening or using physical force or deadly physical force against another to protect a third person if, under the circumstances as a reasonable person would believe them to be, such person would be justified under either of the above statutes (self-defense or use of deadly force) in threatening or using physical force or deadly physical force to protect himself against the unlawful physical force or deadly physical force a reasonable person would believe is threatening the third person he seeks to protect.

Defense of Premises: Justification

A.R.S. 13-407 allows for the use of physical force in the defense of premises.

According to this statute, a person or his agent in lawful possession or control of premises is justified in threatening to use deadly physical force or in threatening or using physical force against another when and to the extent that a reasonable person would believe it immediately necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises.

A person may only use deadly force in the defense of themself or of another person, as listed in the A.R.S. 13-405 and 13-406.

It should be noted that “premises” means any real property and any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not.

Defense of Property: Justification

A.R.S. 13-408 allows for the use of physical force in defense of property.

A person is justified in using physical force against another when and to the extent that a reasonable person would believe it necessary to prevent what a reasonable person would believe is an attempt or commission by the other person of theft or criminal damage involving tangible movable property under his possession or control, but such person may use deadly physical force under these circumstances as provided in A.R.S. 13-405 (use of deadly force), 13-406 (defense of another person) and 13-411 (crime prevention).

Use of Force in Crime Prevention: Justification

According to A.R.S. 13-411, a person is justified in threatening or using both physical force and deadly physical force against another if and to the extent the person reasonably believes that physical force or deadly physical force is immediately necessary to prevent the other’s commission of:

• Arson of an occupied structure
• Burglary in the first or second degree
• Kidnapping
• Manslaughter
• Murder in the first or second degree
• Sexual conduct with a minor
• Sexual assault
• Child molestation
• Armed robbery
• Aggravated assault

If justified by the above, there is no duty to retreat before threatening or using physical force or deadly physical force.

A person is presumed to be acting reasonably for the purposes of this section if the person is acting to prevent what the person reasonably believes is the imminent or actual commission of any of the offenses listed above.

This law includes the use or threatened use of physical force or deadly physical force in a person’s home, residence, place of business, land the person owns or leases, conveyance of any kind, or any other place in this state where a person has a right to be.

Call Rideout Law Group

If you were charged with a crime for which you believe you were acting in self-defense, or in any of the other applicable situations allowed by law, call Rideout Law Group today to review your case and build your strongest defense.

RIDEOUT LAW GROUP

With offices in Lake Havasu City and Scottsdale, our firm serves the entire state of Arizona, with a particular focus on criminal defense, family law, and juvenile cases.

Our goal is for the best outcome for your criminal case, which can include:

• charges that are reduced or dropped.
• top experts reviewing your case.
• aggressive negotiations with the prosecution for plea bargains.
• fines or probation in lieu of jail time.

At Rideout Law Group, our attorneys are able to expertly examine the evidence in your case to provide a strong strategy for argument that leads to an outcome that is most favorable to you. We have experience in all types of criminal cases for both adults and juveniles, with positive outcomes both in plea negotiations as well as jury trial settings.

Call us today for a free consultation at 480-584-3328.