Posted on August 30, 2024 in Criminal Defense
Having to shoot someone in self-defense isn’t a situation anyone wants to be in, but the unfortunate reality is that sometimes it happens. After this happens, it’s essential to know what happens and what steps to take to prove that it was self-defense so you don’t face legal penalties.
It’s also helpful to understand Arizona’s self-defense rules so you can ensure you’re within your legal rights before fighting back.
In Arizona, the legal concept of self-defense permits individuals to use physical force when they reasonably believe it is immediately required to prevent another person’s unlawful physical aggression. The critical factor in justifying the use of such force is the viewpoint of a reasonable individual.
Arizona courts emphasize that any physical response must be proportional to the threat faced and must not exceed what a rational person would deem necessary to safeguard themselves from the aggression encountered. Essentially, individuals are allowed to defend themselves, but the level of force employed must be appropriate to the situation at hand.
For example, if someone punches you in the face and starts to walk away, you likely aren’t justified in firing a gun at them.
It’s also important to know that individuals in Arizona are not required to retreat before resorting to deadly physical force or threatening its use as long as they are lawfully present in that location and are not participating in any illegal activities.
If you find yourself in the unfortunate situation of having shot someone in self-defense, it is imperative to follow specific steps to mitigate potential legal repercussions. The following describes what you need to do if you are involved in a self-defense situation.
First, immediately contact 911 to report the incident. Explain to them that you were involved in a self-defense situation and that you fired a weapon. Provide details about the location and the nature of the incident, ensuring that assistance is dispatched to both the injured party and yourself. Clearly state what happened but don’t offer too many details.
Ask them what you should do with your weapon and where they would like you to wait for them so they don’t view you as a threat when they arrive.
It is crucial to stay at the location where the incident occurred. Leaving the scene can be interpreted as an admission of guilt or an intent to avoid legal consequences. Remain calm and ensure you are safe until law enforcement arrives.
Once you call the police, and if it’s safe to do so, gather evidence of the incident. This may include photographs of the scene, injuries, or any damages, as well as obtaining witness contact information. However, don’t alter anything at the scene if possible.
After the incident, and once you are in a safe environment, take the time to write down what happened. Documenting your recollections while the event is still fresh in your memory is important–you can even do this with the help of your attorney if you’re more comfortable with this.
Include specifics such as the time, date, location, individuals involved, and any actions you took leading up to the incident. Don’t share this document with anyone but your lawyer.
Finally, contact an attorney experienced in self-defense cases as soon as possible. Having legal representation is essential in case the police have questions for you or if you end up facing criminal charges. If you’re being questioned by law enforcement, clearly tell them that you don’t want to answer any questions without a lawyer–even if you don’t believe you did anything wrong.
If you shoot someone–even if it’s in self-defense–it’s still essential to contact a criminal defense lawyer to ensure your rights as a potential defendant are protected. Contact us today to schedule a free consultation.
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.
