Arizona’s Self Defense and Stand Your Ground Laws

24 October, 2020 by Admin

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Sometimes it can be legal to injure or even kill another person. Under Arizona’s self defense and stand your ground laws, you are permitted to use physical force, and lethal force when necessary, to defend yourself from an attacker.

Every state in America has some form of self defense law. While the specific rules vary between states, for the most part, the same principles apply. Stand your ground laws are an example of where the states handle self defense differently.

What Is Self Defense?

Self defense is a legal defense afforded to people who have been charged with crimes. The doctrine of self defense allows you to legally fight off a violent attack through the use of a proportional level of force or violence.

The original self defense laws required that you make an attempt to avoid the violent before resorting to using force. This requirement is known as the “duty to retreat.” While the majority of the states have eliminated this requirement for the use of nonlethal force, many states still uphold the duty to retreat before resorting to deadly force.

What Is Stand Your Ground?

Stand your ground laws are self defense laws that do not impose a duty to retreat on the person asserting the defense. In other words, a criminal defendant can argue self defense even if they did nothing to avoid the threat of violence. The justifications for these laws are to avoid prosecuting people who legitimately acted in self-defense and to clarify when people are legally allowed to defend themselves.

At least 25 states have enacted stand your ground laws and the number continues to rise. The laws in these states vary regarding whether stand your ground applies to instances involving lethal force, with some states retaining the duty to retreat before killing in self defense, and other states removing the duty to retreat entirely.

What Is The Law In Arizona?

Arizona is a stand your ground state. Under Arizona law (Arizona Revised Statutes § 13-404), you can threaten or use physical force against someone when it is immediately necessary to protect yourself against that person's use or attempted use of unlawful physical force. You are also permitted to use lethal force when it is immediately necessary to protect yourself against unlawful deadly force. (Arizona Revised Statutes § 13-405).

So for example, you would be permitted to use physical force to defend yourself against a slap across the face or a punch to the gut. You would not be justified in using lethal force to defend yourself against either of these attacks. However, if someone lunged at your heart with a knife, you would be permitted to use lethal force to defend yourself.

There is an additional caveat to these rules: you must only use physical force to the extent a reasonable person would believe that physical force is immediately necessary. In other words, it’s not enough that you genuinely believed the force was immediately necessary; the necessity of using force must have been of a nature that an objective and reasonable person would have thought that the force was immediately necessary as well.

When Is Self Defense Not Permitted?

The right to use self defense is not absolute. Arizona law specifies that the threat or use of physical force is not justified in the following situations:

  • In response to verbal provocation alone.
  • To resist arrest, unless the physical force used by the arresting officer is illegally excessive.
  • If you provoked the other person's use or attempted use of unlawful physical force, unless you withdraw from the encounter and the other person continues with the attack.

Additionally, Arizona Revised Statutes § 13-401 clarifies that you cannot claim self defense if, while trying to defend yourself, you recklessly injure or kill an innocent third person.

Justification Vs. Affirmative Defense

Criminal defenses under Arizona law fall into two categories: affirmative defenses and justifications. If you wish to use an affirmative defense to avoid a conviction, you must prove the defense by a preponderance of the evidence (a more-likely-than-not standard).

Typically in criminal cases, the prosecutor must prove beyond a reasonable doubt that the defendant committed the crime, and there is no burden of proof placed on the defendant. However, once a defendant invokes an affirmative defense, the burden shifts to the defendant to prove the defense.

On the other hand, justification defenses do not shift any burden of proof to the defendant. If a defendant raises a defense that Arizona has determined to be a justification (and there is evidence supporting that defense), then the prosecutor must not only prove the elements of the crime beyond a reasonable doubt, but they also must prove beyond a reasonable doubt that that the defendant’s actions were not justified by the defense they raised.

Historically, self defense has been an affirmative defense, requiring the defendant to prove that they acted in self defense by a preponderance of the evidence. However, in Arizona, self defense is a justification defense, meaning there is no burden of proof placed on the defendant. If the defendant claims self defense and the available evidence warrants the consideration of self defense, then the prosecutor will have to prove beyond a reasonable doubt that the defendant did not act in self defense.

When Else Is Use Of Force Justified?

There are several other circumstances that justify the use of physical force or deadly force under Arizona law. These justification defenses include:

Defense of a Third Person

Defense of a third person is a justification when a reasonable person would believe the physical force or deadly force was immediately necessary to protect a third person from unlawful physical force or deadly physical force.

Defense of Premises

Defense of premises is a justification when a reasonable person would believe the physical force or deadly force was immediately necessary to prevent or stop a person’s criminal trespass or attempted criminal trespass in or upon the premises.

Defense of Property

Defense of property is a justification for the use of physical force when a reasonable person would believe it necessary to prevent theft or criminal damage, or an attempt of either those offenses. Deadly force is not permitted to solely defend property.

Crime Prevention

Crime prevention is a justification when you reasonably believe that physical force or deadly physical force is immediately necessary to prevent any of the following criminal offenses:

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

How To Get Help

If you’ve been charged with a crime for protecting yourself, Arizona’s self defense and stand your ground laws are on your side. A criminal defense attorney can evaluate your situation to determine if your actions were covered under stand your ground laws or if they were otherwise justified.