With each state having varying laws regarding the retaliatory use of violence, many are left wondering what actions they would be able to take to fend off potential harm. Over the years, the Ciccarelli Law Offices have gotten a number of questions regarding stand-your-ground laws for this very reason. Contact a Chandler self-defense attorney today to learn more about Arizona stand-your-ground laws.
Legality of Use of Force in Self-Defense
One of the principal elements of self-defense that is to be considered is the “duty to retreat”. Under some jurisdictions, it has been deemed that someone must attempt to get away from potential harm before inflicting damage on another in self-defense. In most cases, Arizona does not require a duty to retreat, however – meaning the state recognizes a defender’s ability to use force in retaliation from the moment there is a threat to their life.
Arizona’s particular laws regarding stand your ground fall under Arizona Revised Statutes Sections 13-404 and 13-405. These statutes determine that the use of force in self-defense is justified when “a reasonable person would believe that the force is immediately necessary to protect themselves from the other person’s use or attempted use of unlawful physical force.” This legislation includes the right to use deadly force.
Exceptions to Stand Your Ground
Despite this justification, there are some instances in which the use of deadly or non-deadly force is unjustified.
- If the response to the force used by the assailant is considered to be excessive or unreasonable
- In response to threats that were exclusively verbal
- Resisting arrest from a civil servant such as police officers or federal law enforcement agents
- When an innocent bystander becomes collateral and is injured or killed in the use of force against the assailant by the defender
- In cases in which the defender provoked the assailant’s violent behavior, unless the defender expressed withdrawal from the situation and the aggressor continued using violent force
Additionally, if someone using self-defense is engaging or was previously engaging in illegal activity, they may not have the same privileges as they otherwise would. This is largely a case-by-case basis and requires the input of legal professionals.
Moral and Practical Defense of Stand Your Ground
These laws are designed to serve a variety of purposes that are seen by the State of Arizona as preventative of further crime. While one obvious explanation for stand your ground is self-defense, physical force may be preferred in the case that it prevents further crimes from being committed. Furthermore, these actions may be preventative of the death or injury of a third person.
The Law Office of Chandler Defending You and Your Family
Stand your ground is a complicated topic. Someone’s use of force in self-defense is largely circumstantial and depends on a plethora of factors. To get the professional opinion of a Chandler criminal defense attorney, please reach out to the Ciccarelli Law Offices by using our online contact form or calling us at (480) 608-9214. We offer free consultations and are here to meet the needs of our clients.