Posted on April 8, 2020 in Arizona Law
Here in Arizona, you have the legal right to use physical force – sometimes, deadly force – to protect yourself… as long as you act reasonably.
What action, though, meets the legal guidelines of self-defense? When can a self-defense strategy be used in a criminal defense case?
Because you may be charged by law enforcement officials with a violent crime even if you use deadly force to protect yourself, knowing the limits of legalized self-defense is vital to ensuring your freedom.
Your rights to self-defense in the Grand Canyon State are protected by Arizona state law.
All of these laws contain language that you are authorized to use such force only if it’s ruled that a reasonable person would do the same thing in a similar situation.
Although the above statutes do provide you with the right to defend yourself in the face of immediate harm, they do not give you a “license to kill.”
Again, it often boils down to what a reasonable person would do in a similar situation.
In order for your claim of self-defense to have legal legs to stand on in an Arizona court, you must have been in immediate danger.
This means the other person was in the actual act of harming you. The legal protection of a self-defense claim goes out the window if the danger you prevented wasn’t imminent or happening when you took action.
For example, if someone pointed a gun directly in your face, you’d most likely be legally justified in stopping the threat.
On the other hand, if that person showed you their gun and later verbally threatened to shoot you, you would not be legally protected under self-defense guidelines.
Based upon our experience, a self-defense legal strategy can be especially effective to prevent instances of:
Under these scenarios, you’re not required to retreat first before using force or deadly physical force to protect yourself. The force is justified if you believe that the crime against you was imminent or the actual crime has just occurred.
When using a self-defense claim in an Arizona court, you’re essentially admitting to the act while arguing that you should be spared the legal consequences.
With a self-defense claim, you’re essentially saying, “I did what I’m accused of, but I did it for the right reasons.”
Once you claim self-defense in court, it’s then up to the state or prosecutor to prove beyond doubt that a reasonable person would not have taken the same actions.
Because it must be proven you were in immediate danger or that a certain crime was about to be committed, most self-defense cases involve an intense fact-finding process to simulate the event as closely as possible.
This is necessary to show the court how a reasonable person would react in a similar situation.