Tucson, AZ Self-Defense Laws
In Tucson, Arizona, self-defense can be a valid legal defense against various criminal charges. However, the law only permits self-defense in specific, justifiable situations. Acting outside those boundaries may still lead to a criminal conviction.
Unfortunately, even individuals who lawfully defend themselves are sometimes charged with a crime. If you’re facing charges after acting in self-defense, it’s crucial to contact a skilled Tucson criminal defense attorney to protect your rights and build your defense.
What Is Justifiable Self-Defense?
Justifiable self-defense occurs when a person uses physical force against another and a reasonable person would believe that it was immediately necessary to protect themselves from the use or attempted use of unlawful force.
The force used needs to be reasonable under the circumstances, and it must be proportionate to the threat. Self-defense can be used to protect oneself, others, and in some cases to protect property.
Proportionality Requirement
Many people run into problems with their self-defense case due to proportionality. The force used in self-defense needs to be proportional to the threat. It doesn’t need to be exactly the same, but it needs to be similar. A person can only use the amount of force necessary to defend themselves and neutralize the threat. Any further force is disproportionate.
For example, if someone threatens to punch you, you cannot respond by shooting or stabbing them. When someone uses self-defense but their force is disproportionate to the threat, it is an imperfect self-defense. This could result in a reduction of the severity of charges, but usually isn’t grounds for a complete acquittal.
Stand Your Ground and the Castle Doctrine
Tucson has both Stand Your Ground laws and Castle Doctrine laws.
Stand Your Ground laws allow people in Arizona to act in self-defense without the duty to retreat when possible. In many states, a person needs to retreat if it is a viable option before using force. In Arizona, a person can even use deadly force without first trying to get away.
The Castle Doctrine is similar to Stand Your Ground except it applies in the home. It says that people can use force, including deadly force, without needing to retreat when they are threatened in their home. This rule also covers other places where people may spend the night, including a tent, RV, or car.
When Is Self-Defense Unjustified?
Aside from disproportionate force or force that is unreasonable, there are a few other situations where self-defense is unjustified.
Insults and Threats
You cannot use self-defense if you are facing insults or verbal threats alone. However, there is a fine line between verbal threats and immediate threats. If someone threatens to hurt you and has the immediate ability to hurt you, that is enough to justify self-defense.
Provocation
If you start a fight with someone, you cannot then claim self-defense. This is called provocation. This rule applies even if the other party is using much more force than you initially used when you started the fight.
The only exception is if you completely withdraw from the fight and make it clear that you are no longer fighting. If the person continues, then you can use self-defense.
Unlawful Activity
You cannot claim self-defense if you were doing something illegal at the time. For example, if you are breaking into someone’s house and the occupant attacks you, you cannot claim self-defense if you attack them back.
Similarly, you cannot claim self-defense if you are resisting arrest, even if you think it is unlawful or police misconduct. The only exception is if the officer is using excessive force to arrest you.
Reach Out to Our Law Office for a Free Consultation
Self-defense laws in Tucson, Arizona, are nuanced and often misunderstood. While Arizona offers strong protections through Stand Your Ground and Castle Doctrine laws, these defenses only apply when force is used justifiably and proportionally.
If you’ve been arrested or charged after defending yourself or others, don’t navigate the legal system alone. The consequences of a conviction can be severe and long-lasting. Contact Katsarelis Law Criminal Defense Attorneys today for a free consultation, and let us help you protect your rights and your future.
Contact an Experienced Tucson Criminal Defense Lawyer at Katsarelis Law Criminal Defense Attorneys Today For Help
For more information, contact the Tucson criminal defense attorneys at Katsarelis Law Criminal Defense Attorneys for a free consultation.
Katsarelis Law Criminal Defense Attorneys
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439