Arizona Self-Defense Laws
Arizona law allows people to use “reasonable force” to protect themselves and others from physical harm. However, a person acting in legitimate self-defense may sometimes be charged with a crime in Arizona.
Therefore, understanding the Arizona legal landscape surrounding self-defense and use-of-force laws, such as Stand Your Ground, is essential and empowering. This understanding can be a crucial factor in your defense.
You need skilled legal representation today if you were charged with a crime after defending yourself, such as manslaughter, murder, or aggravated assault. Our Tucson criminal defense attorney at the Law Offices of Trevor Hill stands ready to offer the best defense in your situation. Our lawyer have handled thousands of criminal cases, from misdemeanors to first-degree murder. We know Arizona law, are skilled in plea negotiations and are ready to fight for your rights in trial.
Overview of Arizona Self-Defense Laws
Arizona’s self-defense laws allow residents to use physical force, including deadly force, in limited circumstances. The use of force is justified in Arizona if necessary and immediately requires one to defend oneself or others from imminent harm.
Arizona law allows for the use of force to the extent that a “reasonable person” would think it’s necessary to protect against violence by another person. However, any disproportionate or excessive use of force for self-defense is against the law.
The reasonable person test would be applied if a self-defense case goes to trial.
Use of Physical Force In Defense of Property
ARS 13-408 states that Arizonians can use physical force to protect their possessions from criminal damage or theft. However, the use of force cannot be excessive. Deadly force is only allowed when a reasonable person would think it’s necessary to protect themselves.
Use of Force to Prevent a Crime
ARS 13-411 states people may use force to stop someone from committing a crime. The law states that you have the right to take reasonable action to prevent these crimes:
- Burglary
- Arson
- Kidnapping
- Murder
- Manslaughter
- Armed robbery
- Aggravated assault
- Sexual assault
- Child molestation
You may use physical force, including deadly force, if you reasonably believe it’s necessary to prevent one of these crimes from being committed. However, it must be immediately necessary.
Stand Your Ground Law
Arizona does not have a specific Stand Your Ground law. That said, ARS 13-405 and ARS 13-411 states that you do not have a duty to retreat before the use of physical force to prevent certain crimes, such as robbery and burglary. Thus, Arizona law effectively provides you with rights similar to those in states with a Stand Your Ground law.
You have no obligation to retreat in Arizona when someone assaults or threatens you, assuming you are not doing something illegal and you have a right to be where you are. Keep in mind that the use of force has to be reasonable and proportional.
If someone shoves you in a parking garage, it wouldn’t be reasonable or proportionate to pick up a brick and strike them in the head. Using a deadly weapon in that situation would probably be considered disproportionate.
However, if someone points a handgun at you in the same parking garage, you would have a reasonable fear for your life. So, it would be acceptable to use or threaten to use deadly force in that situation.
Castle Doctrine In Arizona
The Castle Doctrine states that a person can threaten or use force in certain places without a duty to retreat. It generally refers to someone’s right to defend their home. People are usually justified in using necessary and appropriate force to defend themselves against intruders in their homes.
Arizona doesn’t have an official Castle Doctrine law. However, the statutes uphold this principle. The state recognizes that people have a right to protect themselves and their property in their residences.
Can You Shoot a Home Intruder?
Yes, you can shoot a home intruder in Arizona if they pose an immediate physical danger. You have the legal right in your home to threaten or use deadly force in this situation. Some scenarios where you could act legally include:
- The intruder has a weapon, especially a deadly weapon, such as a firearm.
- The intruder physically injured or killed someone on the property.
- The intruder threatened to injure or kill you or someone in the property.
Every home invasion is different, but legal action in Arizona requires you to show that your actions were taken because you thought the person would cause harm at that moment.
What Is Unlawful Physical Force?
Self-defense in Arizona is generally allowed when it’s proportionate and reasonable to the physical threat. However, there are several points to remember to ensure you do not commit unlawful physical force:
- Self-defense isn’t allowed when someone verbally abuses you. Responding with physical force after someone insults you isn’t justified.
- Resisting arrest isn’t self-defense unless the police use excessive or unlawful force.
- Self-defense may not apply if you provoked the attack unless you attempted to retreat.
- Acting in self-defense must be necessary at that moment. You cannot retreat from the threat and then return five minutes later and claim self-defense for using physical force.
Potential Criminal Charges For Violating Self-Defense Laws
Using unlawful force can lead to civil and criminal penalties. You could be charged with one of the following crimes if you misuse self-defense in Arizona:
- Manslaughter or murder: You could be charged with one of these felonies if illegal use of force causes the death of someone. A conviction can lead to a long sentence in prison.
- Aggravated assault: Using illegal physical force beyond what is justified can trigger an aggravated assault charge. This crime involves causing physical injury purposely or using a deadly weapon.
- False reporting: Offering a false statement to support a claim of self-defense can bring a false reporting charge.
You should retain an experienced criminal defense attorney immediately if you’ve been charged with a crime after acting in self-defense.
Speak to a Tucson Criminal Defense Attorney Today
Never attempt to handle the prosecutor alone when you’re wrongly charged with a crime, whether it’s domestic violence, assault, or another crime. The state of Arizona will dedicate significant resources to convicting you.
Level the playing field today by speaking to an experienced domestic violence lawyer in Tucson at the Law Offices of Trevor Hill. Our skilled criminal defense attorney is an esteemed member of the National Trial lawyer Top 40 Under 40.
We boast an impressive record of case dismissals and not-guilty verdicts and have helped thousands of Arizonans obtain favorable results in misdemeanor and felony cases. Our legal team looks forward to aggressively defending your rights. Call us today at (520) 231-2814.