Individuals typically have the right to defend themselves, but it is important to understand what this means under the auspices of the law in Arizona. Self-defense is a complicated topic, and there is a fine line between self-defense and actually committing a crime against another person. Here, we want to look at what Arizona law defines as self-defense.
What Arizona Law Says About Self-Defense
In the state of Arizona, individuals are allowed to use or threaten to use physical force when confronted with unlawful physical threats or when preventing certain serious crimes as outlined under the law. When we examine ARS 13-404, we can see that individuals are justified in using physical force when a “reasonable person,” in the same situation, would believe it is necessary to protect themselves against an immediate threat.
Therein lies the issue – self-defense will only apply when it is “reasonable, proportional, and immediately necessary.” This leaves plenty of room for subjectivity when it comes to determining whether or not self-defense was allowed in a particular situation.
The courts in Arizona have examined Arizona’s justification statute for self-defense. They have determined that this does not allow the unlimited use of physical force. This statute will only authorize force if a reasonable person believed that self-defense was immediately necessary to protect against the unlawful force of another.
Arizona courts apply the “reasonable man test” in these situations. This means that a jury must determine what reactions a reasonable person would have displayed in the position of the defendant (the person who used force) and whether or not the defendant believed they were in danger.
Under ARS 13-406, we can see that a person is also justified in using or threatening physical force to protect others, but only to the extent that the other individual would be allowed to defend themselves if they were able to do so. In other words, the individual a person was defending would have to have been justified in using self-defense themselves under the “reasonable man test.”
In all situations where self-defense is used, the force used or the threat of force must be proportional to what an individual is defending themselves from. ARS 13-405 says that the use of deadly force is permitted, but only in limited circumstances. Individuals can only use deadly force if they reasonably fear imminent serious physical injury or death.
Contact an Attorney Immediately
If you have had to use force to defend yourself against the actions of another, you need to speak to a skilled attorney as soon as possible. In the aftermath of a chaotic incident, it is not uncommon for law enforcement officials to arrest everybody at the scene and let investigators determine what happened later. You need to grab ahold of the narrative, and the best way to do this is to contact a skilled criminal defense attorney who has experience handling self-defense cases. A Chandler criminal defense attorney will conduct an independent investigation into your case and help make sure that you are properly defended at all times. You will have an advocate who understands the law and will be able to present a complete picture of what happened to a jury if necessary.