A Closer Look at Arizona’s Self-Defense Laws
In Arizona, the ‘stand your ground’ law allows you to use force without retreating when you are defending yourself from an immediate threat or imminent harm. You can only use self-defense if you are in a place where you have the right to be, such as your home. If you have been arrested or charged with assault, murder, or another violent crime, an attorney may be able to argue that your actions were done in self-defense. It’s very important to hire an experienced criminal defense attorney in Tucson, AZ if you want the best chance of a solid legal defense. Criminal attorney Janet Altschuler can review the details of your case, interview witnesses, and determine if you can argue self-defense. Here is a closer look at Arizona’s self-defense laws.
What is Self-Defense Under Arizona Law?
Self-defense allows you to use or threaten the use of physical force, including deadly force, if you believe you or another person is at risk of imminent harm. If you claim self-defense, the burden of proof is on the state to prove beyond a reasonable doubt that you did not act in self-defense.
When are You Legally Allowed to Defend Yourself, and How?
In order for your defense attorney to argue self-defense, you must be able to prove that you believed that you or someone else was in immediate danger and that the only way you could protect yourself was by using physical force. The force you used must be proven to have been proportionate to the threat you were under. For instance, if someone came into your backyard and you told them they were trespassing and must leave but then attacked them as they were walking away, you may not be able to argue self-defense successfully.
What Does Your Attorney Need to Prove in Order to Argue Self-Defense?
Your attorney will need eyewitness testimony or other irrefutable evidence that proves that you had reasonable justification for defending yourself with physical force. A lawyer for assault charges must be able to prove that you were:
- Under imminent threat and were genuinely concerned for your safety or the safety of others.
- Using force that was proportionate to the threat and was not excessive.
- Under the reasonable belief that you were in danger.
- Not under duty to retreat when threatened.
- Not responding to a retreating threat.
- Acting in defense of others and that they were in imminent danger and that the only way to protect them was by using immediate force.
- In a place where you were legally allowed to be.
- Not acting with deadly force to protect property alone.
- Not acting with physical force in response to a verbal provocation alone.
- Not using force to resist arrest by a law enforcement officer.
- Not the initial aggressor.
If you have been charged with a violent crime or are facing criminal charges for domestic violence or abuse, you must hire an experienced criminal lawyer in Tucson, AZ. Call Janet Altschuler today at (520) 247-1789 to schedule a free consultation with a criminal defense attorney, or contact us online.