In United States criminal law, self-defense is an affirmative defense that justifies the use of physical or deadly physical force against another person. If someone who is charged with assault, homicide, or murder successfully argues that they acted in self-defense, the charges against them may be reduced, dropped, or dismissed altogether. If you’re facing this type of criminal charge in Phoenix or Tucson, it’s crucial that you understand Arizona self-defense laws.
What Qualifies As Self-Defense in Arizona?
The Arizona Revised Statutes (ARS) describes self-defense in Title 13 (Criminal Code), Chapter 4 (“Justification”). The chapter includes 21 statutes related to the justification of certain actions, but we’ll only focus on the most pertinent sections as they apply to the majority of criminal cases.
When Is the Use of Physical Force Justified?
“Physical force” is defined as force used upon or directed towards someone else’s body, including confinement (but not including deadly force).
ARS § 13-404 states that a person is justified in either threatening to use or actually using physical force against another person IF a reasonable person would agree that physical force is immediately necessary to protect themselves against another person’s use (or attempted use) of unlawful physical force.
When Is the Use of Deadly Physical Force Justified?
There is an important distinction between physical force and “deadly physical force”, which refers to force used with the purpose of causing death or serious physical injury OR force which, in the manner of its use or intended use, is capable of causing serious injury or death.
ARS § 13-405 states that a person is justified in either threatening to use or actually using deadly physical force against another person IF the conditions of § 13-404 are met AND a reasonable person would agree that such a degree of deadly physical force is immediately necessary to protect themselves against another person’s use (or attempted use) of unlawful deadly physical force.
Can You Use Physical Force on Behalf of Another Person?
ARS § 13-406 allows a person to use physical force in order to protect a third party. For this statute to apply, the third party themselves must be justified in using physical force or physical deadly force per § 13-404 and § 13-405. In other words, if the person you’re trying to protect wouldn’t have been justified in using physical force or deadly physical force, neither are you.
Does Arizona Have a Stand Your Ground Law?
While no statute is officially referred to as “Stand Your Ground”, Arizona self-defense laws support and reinforce this legal principle. A person has no duty to retreat before threatening to use or actually using deadly force in response to another person’s use of deadly force, so long as they are legally in a home or vehicle and they are not engaged in an unlawful act under ARS § 13-405(b). In sum, a legal occupant of a home or vehicle can legally defend themselves against someone who unlawfully enters their home or vehicle if they have reason to believe they are in imminent peril of death or serious physical injury.
Can You Use Physical Force to Stop a Crime?
To an extent, someone in Arizona may use physical force to stop or prevent certain crimes under ARS § 13-411. Such crimes include:
- Arson of an occupied structure
- First or second-degree burglary (including home invasions)
- Kidnapping
- Manslaughter
- First or second-degree murder
- Sexual assault and/or child molestation
- Armed robbery
- Aggravated assault
What Are the Limitations of Arizona Self-Defense Laws?
For as many rights as Arizona self-defense laws upholds, there are limitations on the self-defense argument in court. A person cannot claim self-defense under the following circumstances per ARS § 13-404(b):
- Verbal provocation alone does not provide justification for using physical force or deadly physical force against another person.
- Resisting arrest by a police officer (or a person acting in a police officer’s presence and at their direction) does not justify use of physical force, regardless of whether the arrest is lawful or unlawful. However, use of force may be justified if the arresting officer’s use of force exceeds that allowed by the law. (See ARS § 13-409 and § 13-410)
- Provoking the other person’s use or attempted unlawful use of force can void your self-defense claim. The only exception here is if you withdraw from the encounter and/or clearly communicate your intent to do so and the other person continues using or attempting to use physical force against you.
- Physical force must be “immediately necessary”. This means that you cannot claim self-defense based on the threat of or actual use of physical force after an immediate threat has passed.
How Can a Criminal Defense Attorney Help?
If you have recently been charged with a crime in Arizona and believe you acted in defense of yourself, another person, or your property, you may have an affirmative defense to the charge. Successfully arguing a self defense claim can be difficult, so it is best to hire a skilled criminal defense attorney to argue on your behalf.
Once you’ve been arrested, time is of the essence. If you or a loved one has been arrested or wrongfully charged with a crime after acting in self-defense, an experienced criminal defense attorney can help. To schedule a free and confidential consultation with the Phoenix criminal defense team at Lerner and Rowe Law Group, give us a call 24/7 at 602-667-7777 or 520-620-6200.
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