Arizona's Approach to Duty to Retreat and Justifiable Force

In Arizona, self-defense laws prioritize an individual's right to protect themselves without imposing a duty to retreat before using force---whether non-deadly or deadly. This approach is firmly established in the Arizona Revised Statutes (A.R.S.) and reinforced through criminal jury instructions.

Understanding Arizona's Self-Defense Laws

No Duty to Retreat

Arizona law explicitly states that there is no duty to retreat before using physical or deadly force if such force is justified. This principle is outlined in several key statutes:

• A.R.S. § 13-404: This statute allows the use of physical force if a person reasonably believes it is immediately necessary to protect themselves against another person's unlawful physical force.
• A.R.S. § 13-405: This provision permits the use of deadly physical force if the individual reasonably believes it is immediately necessary to protect themselves against another's imminent use of deadly force.
• A.R.S. § 13-411: This section broadens the scope of justifiable force to include the prevention of specific serious felonies, such as arson, burglary, kidnapping, murder, sexual offenses, and aggravated assault. Subsection B explicitly states there is no duty to retreat before using physical or deadly force under these circumstances.

Arizona Jury Instructions on Justifiable Force

Arizona Criminal Jury Instructions (RAJI) provide specific guidance to jurors about the circumstances in which force is justified and emphasize the lack of a duty to retreat.

Key Jury Instructions:

• RAJI 4.11 (Use of Force in Crime Prevention):

This instruction clarifies that individuals may use physical or deadly force to prevent certain serious crimes outlined in A.R.S. § 13-411(A). Notably, there is no requirement for an imminent threat to the defendant's safety as long as the force is immediately necessary to prevent the crime.

• RAJI 4.18 (Defense of Residential Structures or Vehicles):

Under this instruction, force is justified to prevent unlawful entry or remove someone unlawfully inside a residence or vehicle. The use of force must be reasonable under the circumstances, and there is no duty to retreat.

• RAJI 4.05 (Self-Defense -- Physical Force):

This jury instruction explains that deadly physical force is justified if a reasonable person in the defendant's position would believe it was immediately necessary to protect against unlawful deadly force. Importantly, the defendant is not required to retreat if they had a legal right to be present and were not engaged in unlawful activity.

Practical Implications

Arizona's stance on self-defense reflects a strong commitment to an individual's right to stand their ground. The lack of a duty to retreat ensures that law-abiding individuals can protect themselves and others without the legal burden of attempting to flee first.

If you are facing legal cha llenges involving self-defense or justifiable use of force, it is important to understand how Arizona law applies to your situation.

At Chuck Franklin Law, with over 37 years of experience, our team is committed to protecting your rights and providing the guidance you need.

Disclaimer

This posted blog is in no way specific legal advice on any subject. It is intended to provide general information for the public.

If you need specific legal advice, call Chuck at 480-545-0700

Sources:

A.R.S. § 13-404: Justification; self-defense

A.R.S. § 13-405: Justification; use of deadly physical force

A.R.S. § 13-411: Justification; use of force in crime prevention; applicability

RAJI 4.11: The Law of Self Defense

RAJI 4.18: The Law of Self Defense

RAJI 4.05: The Law of Self Defense