What is Considered Self-Defense in Arizona?
Self-defense is the threat or use of physical force to protect yourself or someone else from harm. Self-defense is covered under ARS 13-404. The self-defense laws in Arizona state that you can use physical force to defend yourself if you reasonably believe you or someone else is in immediate physical danger.
Self-Defense to Stop Certain Crimes
In addition to protecting yourself or others from a threat of deadly force, Arizona also defines self-defense as using force to stop the commission of certain crimes, including:
- Arson, if the structure is occupied,
- Burglary (first or second degree)
- Kidnapping
- Manslaughter,
- Murder (first or second degree)
- Child molestation
- Sexual assault
- Armed robbery
- Aggravated assault
ARS 13-406
ARS 13-406 allows you to protect someone else from harm or death. In order to claim self-defense when protecting another individual, you must demonstrate that a reasonable person would have believed the other person's physical safety or life was in immediate danger.
According to Arizona state laws (ARS 13-405), self-defense is an acceptable defense when using lethal force in certain situations.
You may notice the recurrence of the term “reasonable." Arizona, among other states, has replaced the common law “reasonable person” standard, which required a person claiming self-defense to show that their defensive actions were reasonable, with a “presumption of reasonableness” or “presumption of fear,” which requires the prosecutor to prove that the defendant should not have perceived a threat or been afraid.
Frequently Asked Questions
What is Not Considered Self-Defense in Arizona?
In some situations, the use of force is not considered self-defense in Arizona. For example, you may not be able to claim self-defense if you:
- were only verbally threatened
- provoked the other person first
- were resisting arrest
- were in a place where you were not legally allowed to be
- were committing an unlawful act
If any of these can be proven, you may not be successful in your claim of self-defense as the reason for a violent action.
What is The Castle Doctrine?
The Castle Doctrine stems from the old adage that a person’s home is their castle. In Arizona, the Castle Doctrine means that a person in their own home has the right to use force, including deadly force, if someone unlawfully intrudes. There is no requirement for the defender of the home (homeowner, renter, etc.) to flee or retreat, even if retreat is possible. As long as there is unlawful entry, the defender of the home is allowed to use whatever means necessary to defend themselves, their loved ones, and their property.
What is the Difference Between Stand Your Ground and The Castle Doctrine?
While Arizona’s Stand Your Ground Law and Castle Doctrine both allow individuals to defend themselves against threats of harm, The Castle Doctrine only applies when you are in your own home, while Stand Your Ground allows you to defend yourself or another person against a threat of harm in any place that you are legally allowed to be.
What if I Injure a Third Party While Defending Myself?
In a frightening and chaotic situation in which you are being threatened, it is easy for things to take a turn you don’t intend. However, it is imperative that you take great care and only use force against the party or parties who are actively threatening you, another person, or your property. Recklessly injuring or killing an innocent third party while defending yourself is not covered by a claim of self-defense in Arizona.
For example, if you are defending yourself against a robbery in your home and accidentally shoot a friend who is visiting at the time, you would not be able to claim self-defense if charged for their injury or death. If you are in a store and a customer is threatening the store clerk, you are not covered under self-defense laws if you end up injuring the clerk instead of or in addition to the threatening person.
What Should I Do if I'm Arrested for Self-Defense in Arizona?
Everyone has the right to feel safe. Everyone also has the right to take the steps necessary to protect themselves and their loved ones from threats. If you or a loved one has been arrested for practicing self-defense, you should immediately contact Citrine Law.
The attorneys of Citrine Law know that being placed in a situation where you are forced to defend yourself or your loved ones can be frightening. We also know that it can be even more terrifying to be arrested and hit with criminal charges afterward. We work with every client to ensure they receive the best possible defense. We aren't happy until our clients have been found not guilty or their charges have been dropped.
Contact Us Today
No one should ever have to fear going to prison for protecting themselves or their loved ones. That's why if you or a loved one is being charged with a violent crime after practicing self-defense, you should act now. Our law firm has thorough knowledge of Arizona laws and is dedicated to protecting the rights of our clients.
Contact our experienced criminal defense attorney right away at 928-955-7191 for a free consultation.
