Arizona Self Defense Laws

Can Victims in Self Defense Strike First in Arizona?

In Arizona, a person can use self-defense and strike first before becoming a victim of a crime such as an assault. In other words, a victim can strike first and can still argue self-defense if he or she is later charged with a crime. Arizona Self Defense Laws allow individuals to use deadly physical force against another is justified under Arizona law when a reasonable person would believe that deadly physical force is immediately necessary. There is no duty to retreat before threatening or using deadly physical force when justified and the person is where they may legally be and not engaged in an unlawful act.

Consequences of Using Physical Force in Arizona

Many times, innocent individuals who were only using physical force to defend or protect themselves from someone else’s unlawful physical force or threat of unlawful physical force find themselves arrested by police. That is because police find the individual who struck first to be the primary aggressor despite the fact it was for protection. Arizona self defense laws are designed to protect those who act in genuine self-defense, but misunderstandings by law enforcement can still lead to wrongful arrests.

For example, if a wife tries to grab her husband’s arm while they are arguing but the husband pushes the wife’s hand away, it is possible the husband is charged with assault and disorderly conduct with a domestic violence allegation if police are called. This very insignificant and minor incident is more common than you may think. Many times, the wrong person is charged. It happens all the time. Sometimes the police will arrest the husband for assault and disorderly conduct with a domestic violence allegation which triggers the criminal process. The husband will be arrested, spend the night in jail, and face criminal consequences including heavy fines, fees, classes, jail, and probation.

Limitations of Self Defense Claims in Arizona

It is important to know that there are limitations when it comes to self-defense in Arizona. Self-defense is justified when a person threatens or uses physical force against another when it is reasonable under the circumstances and necessary to protect him or herself. The force used must not be in response to verbal provocation alone, or use physical force that is more reasonable than necessary.

In the above example, if the husband punched his wife instead of pushing her arm away, charges for assault and or disorderly conduct with allegations of domestic violence may be appropriate. That is because the force used against the wife would likely be found unreasonable under the circumstances. That is not to say that there is not another defense or a way to beat the case and have all charges dismissed.

Talk To Our Legal Experts Today

If you, a friend, or a family member have been charged with a crime, Contact The Law Office of Joshua A. Lopez, LLC, as we will understand the charges you are facing and explore the possible defenses. We handle all sorts of criminal cases. Self-defense is just one of many ways a case can be beaten. Our experienced Criminal Defense lawyers have gotten many cases completely dismissed based on self-defense and other defenses/ justifications prior to trial. We have also won many assault and disorderly conduct cases in trial. Attorney Joshua A. Lopez have a passion for helping people with their criminal case no matter the facts or situation.  Get in touch with us today for a free consultation.