Posted on May 13, 2019 in Attorney Insights
In your home, you expect a certain level of safety, security, and comfort. However, if you face an intruder breaking into your home in the middle of the night, what can you do to defend yourself? Can you legally shoot an intruder in self-defense in the state of Arizona, or will you receive a criminal charge for assault or murder? You have legal protections for self-defense, but you will need to keep a few important considerations in mind.
The prime legal doctrine that you can use in intruder situations is known as the Castle Doctrine. Everyone has the right to defend themselves with reasonable responses. In most situations, you must meet the following criteria to successfully claim self-defense.
The Castle Doctrine states that you have the right to use deadly force to protect your home if you were not the aggressor and you did not engage in criminal activity, like in a robbery. You must have the legal right to be where you were at the time of the intrusion, and the intruder must have committed an act of forceful and unlawful entry into your home, business, or vehicle.
In the state of Arizona, you can use self-defense to protect yourself against an intruder in situations where it is proportional, reasonable, and immediately necessary. However, you cannot use physical force in all situations. Arizona state courts use the objective reasonable man test to ensure that you used physical force in a situation that was reasonable, proportional, and immediately necessary.
First, the jury in your case will determine what the reactions of a reasonable person would have been in your situation. The jury will discuss whether you reasonably believed that you were in danger, or at risk of serious physical injury or death. You cannot use an unreasonable amount of force in combatting the intruder – for example, you can only shoot the intruder if he or she had a gun or you had reason to believe that he or she had a gun.
While you can legally shoot an intruder in some circumstances in Arizona, the law does not apply in all situations. If you face the following situations, shooting an intruder or using physical violence could land you in serious trouble.
You have the right to defend your family and your property from an intruder in Arizona. However, you could face certain consequences unless you can prove you were acting in self-defense.
For more information, contact the criminal defense attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.