Few things are scarier than realizing that a stranger has unlawfully or forcefully entered your house. Most people assume that when someone breaks in, they intend to either hurt you or commit a serious crime. It’s normal to want to defend yourself, your family, and your property.
While you may have the right to shoot someone who breaks into your house, you should always hire an attorney after the fact. A criminal defense lawyer can explain applicable laws and help to protect you from criminal charges, even if you are innocent. If you are unfairly charged with a crime, they will defend you and advocate on your behalf.
Arizona Self-Defense and Castle Doctrine Laws
Arizona has traditional self-defense laws that allow a person to defend themselves against imminent threats. When a person is in their home, the Castle Doctrine applies.
Traditional Self-Defense
Self-defense is justified if someone believes that the force is necessary to protect themselves against unlawful force. Self-defense is not justified against threats alone or to resist a lawful arrest.
When using self-defense, the action must be proportionate to the threat. For example, if someone is threatening to slap you, you can’t respond by shooting them, but you can push them or kick them. Using deadly force is generally not justified in this situation because you are not facing a deadly threat or serious bodily injury.
Castle Doctrine
The Castle Doctrine is a rule that says a person does not have a duty to retreat before defending themselves in their home. This is the rule that applies if you shoot someone who broke into your home.
Even in cases of deadly force, the Castle Doctrine applies as long as the person reasonably believes that they were in danger of death or serious bodily injury. In many cases, if you find that someone has broken into your home, you will have a reasonable belief of death or serious bodily injury.
The Castle Doctrine applies to your home, as well as places where someone may spend the night, such as a car or even a campsite.
Potential Criminal Charges
Even if you lawfully shot someone who broke into your home, you could potentially face criminal charges. The police only need probable cause for an arrest. This is less evidence than is necessary for a conviction. If you shoot someone, chances are the police may believe that there is probable cause that a crime has been committed, even if you have a valid defense.
This is why you need a criminal defense attorney. A lawyer can defend you and help explain the circumstances and why deadly force was justified. If you are convicted, the charges could be very serious and result in a prison sentence and a permanent criminal record.
Some of the potential criminal charges you could face after shooting someone are:
- Assault
- Aggravated assault
- Attempted murder
- Homicide
These types of charges can carry years, and even decades, in prison. Additionally, a felony conviction will remain on your criminal record forever. It can make it difficult for you to get a job, find housing, and prevent you from voting or owning a gun.
Preventing Criminal Charges After a Self-Defense Shooting
A criminal defense attorney can help you after shooting someone who broke into your home.
Their most important role is to defend you from any criminal charges that stem from the shooting. Even if you haven’t formally been charged with a crime, your lawyer can talk to the police and prosecutors and explain why you shouldn’t be charged. If successful, this can save you the headache of getting arrested and dealing with a criminal case.
Defending You Through the Criminal Justice Process
If you are already facing criminal charges, your lawyer will play an important role in your case. They will review the evidence against you, file important motions to secure your release on bond and dismiss the case, and advocate for you before the judge. If the case goes to trial, your lawyer will argue self-defense before the jury.
Throughout your case, your attorney will also be negotiating with the prosecutor. The prosecutor has a lot of power in the criminal case. A good criminal defense lawyer may convince them to drop the case or offer a favorable plea deal.
However, it is important to note that you generally should not accept a plea deal if you are confident that you can beat your case. However, a plea deal may be a viable option in the case of using disproportionate force in self-defense, or a plea deal may be a viable option if the use of force was arguably excessive or not clearly justified.
Contact a Tucson Criminal Defense Lawyer at Katsarelis Law Criminal Defense Attorneys for Legal Help
If you have been involved in a self-defense shooting, don’t wait to protect your rights. Call Katsarelis Law Criminal Defense Attorneys at (520) 510-0439 to schedule a free consultation. Our Tucson criminal defense attorneys are here to support you.