After being in a heated argument that suddenly turns physical, you might be fearing for your safety. So you fight back to protect yourself. The police arrive and, after a brief investigation, you find yourself in handcuffs facing assault and battery charges. How can you prove you were acting in self-defense? This is where an experienced Arizona assault and battery defense lawyer can make all the difference.
The criminal defense attorneys at Griffen & Stevens Law Firm have helped many Flagstaff residents facing assault and battery charges argue that they were acting in self-defense. With their in-depth understanding of Arizona's self-defense laws, they know what it takes to get these serious charges reduced or dismissed.
Understanding Arizona's Self-Defense Laws
Arizona law allows you to use physical force against another person to defend yourself or a third party from what you reasonably believe is the use or imminent use of unlawful physical force. However, you can only use the amount of force that appears necessary under the circumstances.
Some key aspects of Arizona's self-defense laws that an Arizona assault and battery defense lawyer will consider:
- Reasonable belief. You must have a reasonable belief that force is immediately necessary to protect against another's use or attempted use of unlawful physical force. The test is whether a reasonable person in your shoes would have believed they needed to use force to prevent an attack.
- Proportional response. The force used in self-defense must not be excessive under the circumstances. You can only use the degree of force that a reasonable person would believe is necessary to prevent the attack or harm. Deadly force is only justified to prevent serious physical injury or death.
- Duty to retreat. Arizona is a "stand your ground" state, meaning you're not required to retreat before using force in self-defense if you're in a place you have a legal right to be. Some states require you to attempt to escape the situation before resorting to force, if possible.
- Initial aggressor. If you provoked the other person's use or attempted use of force, you typically can't claim self-defense unless you first withdraw from the encounter and effectively communicate your withdrawal to the other person. However, even if you were the initial aggressor, you can regain the right to self-defense if the other person responds with excessive force.
How Your Flagstaff Criminal Defense Attorney Will Assert Self-Defense
Claiming self-defense requires your attorney to present evidence showing your use of force was justified under Arizona law. Some common defense strategies include:
- Establishing reasonable belief. Your attorney will gather evidence, such as witness statements, 911 recordings, and surveillance footage, to show you had an honest and reasonable belief that force was necessary to defend against an imminent attack. Even if that belief turns out to be mistaken, you can still claim self-defense if your belief was reasonable under the circumstances.
- Proving proportional force. Your attorney will argue that the level of force you used was proportionate to the threat you faced. For example, if the other person threw a punch, you would likely be justified in throwing punches back but not in pulling out a knife. The key is showing your response was reasonable based on the apparent danger.
- Demonstrating no duty to retreat. Unless you were the initial aggressor, your attorney will emphasize that you had no legal obligation to retreat from the confrontation before defending yourself. This is especially important if the incident occurred in your home, vehicle, or place of business.
- Highlighting your lack of provocation. If you didn't start the fight, your attorney will focus on showing how the other person was the initial aggressor and that their use of force was unlawful, which justified your self-defensive actions.
- Using your statements with caution. What you say to the police can be used against you in court. Your attorney will carefully assess any statements you made and advise you on how to exercise your right to remain silent to avoid undermining your defense.
The Burden of Proof in Arizona Assault and Battery Cases
In Arizona assault and battery cases, once you present some evidence of self-defense, the prosecution must disprove self-defense beyond a reasonable doubt under ARS § 13-205(A). This means your attorney doesn't have to definitively prove self-defense, but must simply present enough evidence to raise self-defense as an issue.
The prosecution must then prove beyond a reasonable doubt that you didn't act in self-defense. If they can't meet this high burden, the jury must find you not guilty.
Your Arizona assault and battery defense lawyer will attack the prosecution's case by poking holes in their evidence, questioning the credibility of their witnesses, and arguing that they failed to disprove self-defense beyond a reasonable doubt. The timeline of events can vary, but with the right attorney, you stand a good chance at protecting your rights.