Phoenix Murder & Homicide Lawyer
Phoenix Self-Defense Attorney
Assaulting another person is prohibited under Arizona law. However, physical force may be justified in certain circumstances, such as self-defense and crime prevention. When you have been charged with a violent crime, despite acting to protect yourself or others in Maricopa County, you need a Phoenix self-defense lawyer.
Dworman Law: Criminal Defense Lawyer for Self-Defense
A criminal conviction for a violent offense can carry significant penalties, affecting your freedom, financial well-being, and opportunities throughout your life. It is crucial that you protect yourself against these life-altering penalties.
If you’ve acted in self-defense and have been charged with a crime, you should retain a skilled and experienced criminal defense attorney as soon as possible. Dworman Law can help you defend your freedom against the charges that you’re facing. Our criminal defense lawyer Howard Dworman has successfully handled many self-defense cases, securing the rights and freedoms of our clients. Call us at (480) 256-2449 today to protect your rights.
The Legal Definition of Self-Defense in Arizona
Self-defense refers to the act of using physical or deadly force against another person to protect themselves from the latter’s use or attempted use of unreasonable physical force.
Self-defense is considered as an affirmative or justification defense. This means that when the claim is proven, it extinguishes the legal consequences of an act that would have otherwise been deemed illegal.
When the accused claims self-defense in court, they are not contesting any of the elements of the offense. Instead, they’re saying that what they did was reasonable under the circumstances.
The Use of Assault or Physical Force in Arizona
Under ARS 13-404, the use of physical force may be used if the person believes that it is necessary to protect himself against another person who is using or attempting to use unlawful physical force.
For a self-defense claim to prosper, three elements must exist:
- The force used by the defendant should be reasonable.
- The same force must also be proportional to the threat they’re facing
- The threat should be immediate
To determine whether the amount of force used is reasonable, the court uses the ‘reasonable man test.’ Under this test, the jury determines the typical reaction of a reasonable person if they had been in the shoes of the defendant.
The Use of Deadly Force in Arizona
ARS 13-405 states that deadly force may be used under the same circumstances, or when the person believes that retreating from the situation is impossible.
Essentially, the state allows people to fight—and in certain circumstances, kill—to protect themselves and other people. However, there are limitations to this. Using deadly force may only be justified when they believe that it is necessary to protect themselves against someone else who is also using or attempting to use deadly force. Essentially, deadly force can only be used by someone who has a reasonable fear of immediate injury or death.
Thus, if the defendant was threatened with a gun, it would be reasonable for them to kill or seriously injure the other person in order to save their life. However, if the other person only slapped or punched the defendant, killing or seriously injuring the attacker would be unjustified.
Call Dworman Law Today To
Protect Your Rights.
Talk to us at Dworman Law by calling 480-256-2449. We serve
clients in Phoenix and all throughout Arizona.
Arizona Stand-Your-Ground Laws
Although not explicitly titled as such, Arizona has laws that are equivalent to the ‘Stand-Your-Ground’ laws in other states. Under Arizona law, “a person has no duty to retreat before threatening or using deadly physical force pursuant to this section if the person is in a place where the person may legally be and is not engaged in an unlawful act.”
This means that if a person is not engaged in a criminal act or if they’re in a place that they have the right to be in, they don’t have to retreat when another person assaults or threatens them. However, the amount of force they use to defend themselves should be reasonable and proportional.
Arizona Castle Law and Defense Against Home Intruders
The state also does not have specific castle laws. However, Arizona allows the use of reasonable and immediately necessary physical—and even deadly—force to prevent serious crimes such as burglary, theft, or damage to property. Under the ‘castle doctrine,’ self-defense is justified when the legal occupants or owners of a home or vehicle need to defend themselves against intruders.
Again, only reasonable force may be justified. Thus, if the expected outcome is only the loss of personal property, a person cannot use deadly force. If the thief is armed and threatening to shoot or stab the defendant, then deadly force may be reasonable and necessary.
Defending One’s Property in Arizona
In relation to the castle doctrine, a person may also use reasonable physical force to protect their property. ARS 13-408 states that using force is justifiable if it is “to prevent what a reasonable person would believe is an attempt or commission by the other person of theft or criminal damage involving tangible movable property under his possession or control.” The physical force must be reasonable, immediately necessary, and in proportion to the harm perceived.
Defending Another Person in Arizona
Arizona also permits the use of force to protect another person (a third party) from an aggressor. Under ARS 13-406, a person is justified in using or threatening to use physical force to defend a third party, if this defending person reasonably believes that they would be justified in using the same force as self-defense if they were in the third party’s position. The same elements of self-defense apply when defending a third party.
Arizona Limitation on the Self Defense Claim
Using physical force for self-defense isn’t justified in the following scenarios:
- When the defendant is resisting an arrest by law enforcement officers
- When the defendant is only being verbally threatened or provoked
- When there is provocation on the part of the defendant, unless they’ve already withdrawn and explicitly communicated their intention to withdraw, but the other person continued to attack or use force
- When the defendant injuries or kills an innocent third party because of his reckless actions
What Are the Benefits of a Criminal Defense Attorney?
A criminal defense attorney can help you in numerous ways if you have been charged with a violent offense. These include:
- Having significant experience with cases like yours
- Helping you understand the charges against you
- Listening to your side of the story
- Protecting your rights
- Investigating the scene of the offense and your arrest
- Filing motions prior to trial to attempt to resolve the case before then
- Determining the defenses available to you
- Helping you make important choices about your defense and future
- Supporting you during a very stressful time in your life
- Working with prosecutors on plea deals when necessary
Working with an attorney means you are more likely to secure the ideal outcome in your case.
FAQs
What Is the Homicide Rate in Phoenix?
Is There a Self-Defense Law in Arizona?
A: Yes, there is a self-defense law in Arizona, in Article 13, Chapter 4, of the Criminal Code. This law outlines when the use or threat of physical force is justified against another person when an individual is protecting themselves from unlawful harm.
However, self-defense is not applicable in all situations. Only reasonable force is allowed when it is immediately needed for the individual to defend themselves. Self-defense is not a justification for resisting an arrest, even if the arrest is unlawful, unless the officer’s force exceeds reasonable legal force.
Is Arizona a Stand-Your-Ground State?
A: Arizona has a law similar to the stand-your-ground law. This outlines the situations where a person is justified in using deadly force against another person in self-defense if the response is reasonable. The person has no legal requirement to retreat prior to using or threatening this force. This is the case when the defending individual is somewhere they are legally allowed to be and not committing a crime. This law also applies to the defense of premises and property.
What Self-Defense Weapons Are Legal in Arizona?
A: The use of a weapon as self-defense in Arizona may be legal if the threat or physical force is reasonable to protect themselves from illegal force. Self-defense weapons like pepper spray are not considered deadly or prohibited weapons. If a self-defense weapon is used for criminal intent instead of self-defense, or it is used for self-defense in a way that is unreasonable for responding to the illegal force, then there may be criminal penalties.
Call Dworman Law Today To
Protect Your Rights.
Talk to us at Dworman Law by calling 480-256-2449. We serve
clients in Phoenix and all throughout Arizona.
Good people make mistakes. At Dworman Law, we work hard to ensure that one bad night does not destroy your future.
