As a general matter, Arizona criminal law prohibits assaulting another person. An assault can occur in several different ways. Under Arizona’s assault statute, it is against the law to intentionally, knowingly or recklessly cause physical injury to another person; to intentionally place someone else in reasonable apprehension of imminent physical injury; or to knowingly touch another with the intent to injure, insult, or provoke them. However, there are exceptions when using force against another person is justified.
A justification defense is considered an affirmative defense. An affirmative defense is one that, if proven by the defendant, defeats the legal consequences of what would otherwise have been an illegal act. In other words, when claiming a justification offense, the defendant is not contesting any of the elements of the offense. Instead, the defendant is saying “yes, I did what you say I did, but I did it for a good reason.”
As noted above, there are several different situations in which physical force can be used against another person. These include self-defense, defense of others, and defense of property. While each of these defenses is outlined in separate statutes, a defendant must establish that they reasonably believed the force was necessary. However, physical force is never justified based on verbal provocation. Courts consider both whether the person using force was justified in the use of force, as well as whether the extent of the force used was proportionate to threat posed.
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