Arizona Self-Defense - Assault
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How to fill out Self-Defense - Assault?
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FAQ
For the purposes of protecting yourself, your family, and your home, Arizona is considered a "Castle Doctrine" state, and you are allowed to "stand your ground." Castle Doctrine laws are based on the idea that you have the right to be safe in your own home?your "castle"?and you are under no obligation to retreat from ...
Arizona allows for the use of force only to the extent that a reasonable person would believe it is immediately necessary to protect against another person's unlawful force. Consequently, any excessive or disproportionate use of force in self-defense is not legally permitted.
Except as provided in subsection B of this section, a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful physical force.
Four elements are required for self-defense: (1) an unprovoked attack, (2) which threatens imminent injury or death, and (3) an objectively reasonable degree of force, used in response to (4) an objectively reasonable fear of injury or death.
Class 1 felonies have no statute of limitations in Arizona. But the statute of limitations for class 2 through 6 felony cases is seven years. Aggravated assault and aggravated DUI are both examples of felonies that have a seven-year time limit.
The common law principle of ?castle doctrine? says that individuals have the right to use reasonable force, including deadly force, to protect themselves against an intruder in their home. This principle has been codified and expanded by state legislatures.
The defendant must prove any affirmative defense by a preponderance of the evidence (A.R.S. § 13-205). In other words, the defendant must prove that it was more likely than not that he or she justifiably used the force. If the defendant meets this burden of proof, the justification laws excuse his or her conduct.
The defendant must prove any affirmative defense by a preponderance of the evidence (A.R.S. § 13-205). In other words, the defendant must prove that it was more likely than not that he or she justifiably used the force. If the defendant meets this burden of proof, the justification laws excuse his or her conduct.
