Arizona Self Defense Laws: Legal Justification for Assault Physical Force

Criminal law can be complex to navigate. While Arizona state law expressly frowns upon the use or threat of physical force, certain situations make it acceptable. A person may use or threaten physical force or harm when in certain situations, including crime prevention. A top criminal defense lawyer in Arizona may point out that under ARS 13-404, a person may be allowed to use physical force when a sane person if put in the same situation, would act the same to prevent crime or to protect themselves from immediate threats.

Before a defendant can be said to have used excessive physical force or threatened another in the gaze of self-defense, such a person must be proven to have reacted reasonably and measurably to the immediate threat faced. So, in a self-defense case, there can be no premeditation of the defendant’s actions.

Self-Defense Claim

For a self-defense claim in an assault or physical violence case, the defendant must have acted reasonably, proportionately, and immediately. As contained in ARS 13-404, the defendant is permitted to act in self-defense in certain situations where they are faced with immediate danger. However, this provision does not allow for unlimited use of physical force. A defendant who claims self-defense is required to have acted reasonably; that is, the physical force used must be proportionate to the level of threat posed by the situation they were in.

In Arizona, to test the self-defense claim, the “reasonable person” test is employed. For this test, the jury is saddled with the responsibility to determine whether the defendant has acted accordingly and reasonably given the threat faced. If the jury decides that the defendant had used excessive force than the threat faced, such a defendant may be convicted for assault and related charges.

Assault or Physical Force in Defense of Others

Under ARS 13-406, the state encourages citizens to act in defense of others. This means that a person is justified to use a measured amount of physical force or threaten it to protect others from danger. However, such a defender will be required to act in the same way that the oppressed party would have acted in the situation. In essence, the person being defended must be justified to use force or threaten it before you could use or threaten physical force to protect them. In addition, the threat of physical force used must be measured in relation to the level of threat.

When is Deadly Force Permitted?

ARS 13-405 provides the conditions for the use of deadly force in self-defense. The statute, however, limits the use of deadly force to strict circumstances. According to state law, a person may be permitted to use deadly force if they fear immediate serious harm or death. To prove the use of this deadly force, the defense counsel will be required to prove that any reasonable and sane person in the same situation would have acted in the same way to protect themselves from harm.

The defense requirement is because the state law requires that all actions in self-defense must be immediate, reasonable, and proportionate to the level of harm or threat posed. For instance, if a person is threatened with a gun, a reasonable response to such a mortal threat would be to kill the other party or seriously injure them. However, self-defense cannot be claimed if you decide to kill someone or seriously harm them for slapping you across the face. The law establishes whether the actions made in self-defense were necessary. If you were in a condition wherein you could have easily removed yourself, then you may not be in such mortal danger to claim self-defense for your acts.

What is Arizona’s “Stand Your Ground” Laws?

Arizona does not specifically have any stand your ground laws. However, the law allows people to stand their ground when it comes to protecting themselves from mortal danger. This means that a person who isn’t engaged in any unlawful act can stand his or her ground when faced with mortal danger and act accordingly to protect themselves.

For example, if you were pushed in a parking lot, it is unlawful to obtain a baseball bat or other harmful items to strike the aggressor. Such items are capable of causing serious physical harm that isn’t proportionate to the actions of the aggressor. However, you could decide to push the other party in a reasonable show of force.

In another instance, if a person pointed a gun at you in a parking lot, you would be justified to threaten such a person with a deadly weapon or deadly force to dissuade them from their action.

Limitations to Self Defense Claim

Self-defense is one of the commonest claims offered by criminal defense lawyers, especially when defending clients who appear to have been faced with immediate danger. However, self-defense claims have some limitations. These include;

• A defendant cannot claim to have acted in self-defense if they were in a verbal altercation with another. For example, a person is not allowed to respond with physical force to another that has sworn at them. Such use of physical force is neither reasonable nor proportional.
• A defendant is not allowed to threaten or use physical force against a law enforcement agent while resisting arrest. In essence, even if you are being arrested for a crime you aren’t guilty of, you are not permitted by law to threaten violence or use physical force against the arresting officers.
• A defendant is not allowed to claim self-defense, especially if they provoked the altercation that degenerated into physical violence or its threat. The only exception, however, would be if you had removed yourself from the encounter but the other party, despite the clear communication of non-interest, decided to threaten or use physical force against you. Your criminal defense lawyer may be able to prove self-defense in such a case but will require solid evidence to back your claim.
• Self-defense does not apply when the harm or threat of harm is premeditated. This means that the reaction must have been immediate, reasonable to protect yourself or others, and proportionate to the level of threat or danger faced.

Using Force To Prevent Crime

Under Arizona’s ARS 13-411, the law provides that a person can use or threaten physical violence to prevent the commission of serious crimes. Although there is a limited scenario where this is allowed, you may be allowed to use reasonable force to prevent crimes like armed robbery, sex crimes, aggravated assault, kidnapping, arson, murder, manslaughter, child molestation, sexual misconduct with a minor, and related crimes.

Visit https://arizonacriminalattorney.co/mesa/ to learn more about self-defense and criminal defense strategies that can be used to get a defendant a positive outcome.

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Mesa AZ 85204
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