Have you witnessed a crime? Were you tempted to stop the perpetrator yourself? While Arizona law allows you to make a citizen’s arrest, it’s important to know the specific types of crimes so you don’t risk prosecution. If you do find yourself facing charges for trying to help, you’ll need an experienced Arizona criminal defense lawyer.
Avoid possible jail time and keep yourself safe from physical harm by understanding when a citizen’s arrest is allowed, when it should be avoided, and what to do if you are charged with a crime following your attempt to help others.
Did You Make a Citizen’s Arrest or Did You Commit Assault?
Let us suppose you’re passing a coffee shop where folks are outside working remotely. Suddenly, you hear, “Stop! They stole my laptop!” You turn and see someone running away with a computer. You used to run track in school, so it’s easy for you to dash after the thief and tackle them. Citizen’s arrest, all neat and tidy, right? Possibly. Or you could be charged with assault by the person with the laptop!
The truth is, if you violate the law to stop a crime, you’ll need to prove to a jury that it was reasonable for you to do so. The alleged thief may file criminal charges against you for any injuries, and a court will decide if the citizen’s arrest was reasonable. Things can get worse if you use a firearm or knife during the arrest, which can result in a charge of aggravated assault or assault with a deadly weapon for you. Even worse, you risk your own physical safety if the person disarms you or has a weapon of their own.
One more thought: what if the person you stopped wasn’t a thief? You may have tackled someone in a hurry to get to work, if you didn’t see the theft occur.
What Crimes Can You Make a Citizens Arrest for in Arizona?
It’s important to know which crimes are allowed for a citizen’s arrest and which are not. Arizona law 13-3884 states that you may make a citizen’s arrest when you witness the following crimes:
- Aggravated assault
- Armed robbery
- Arson
- Burglary (residential only)
- Child molestation
- Kidnapping
- Manslaughter
- Murder
- Sexual assault
- Sexual misconduct with a minor
While it’s important to help each other in our society, sometimes it’s best to contact the police and other law enforcement groups first. Be ready to give the following information:
- What happened – be ready to explain what you witnessed in detail
- Any identifying information about the suspect – clothing, tattoos, hair and skin color, license plate numbers, the type of vehicle they drove
- When and where – note the time of day and where the crime occurred
Criminal Defense After a Citizen’s Arrest in Arizona
Whether you stopped a crime or accidentally detained an innocent person, facing charges from a citizen’s arrest can be confusing and difficult without experienced criminal defense attorneys skilled in Arizona law by your side. At Ciccarelli Law Offices, our Chandler criminal defense attorneys are focused on handling complex criminal cases and obtaining fair treatment for you throughout your case. Contact us today by telephone at 480-660-9288 or use our online form to request your free consultation.