Ariz. Rev. Stat. § 13-405
Justification; use of deadly physical force
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A. A person is justified in threatening or using deadly physical force against another:
1. If such person would be justified in threatening or using physical force against the other under section 13-404, and
2. When and to the degree a reasonable person would believe that deadly physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly physical force.
B. A person has no duty to retreat before threatening or using deadly physical force pursuant to this section if the person is in a place where the person may legally be and is not engaged in an unlawful act.
Notes of Decisions
Cited in 39
cases (12 in the last 5 years), 1981–2026 · leading case: State v. Jessen
State v. Jessen (1981)
“By A.R.S. § 13-405: “A person is justified in threatening or using deadly physical force against another: ****** 2.”
State of Arizona v. Ronald Vassell (2015)
“, in self-defense under A.R.S. § 13-405; the prosecutor countered that there was no evidence of “unlawful” use of force by police, in a clear reference to A.”
State v. Grannis (1995)
“AR.S. § 13-405. Under A.R.S. § 13-404, a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other’s use or attempted use…”
State of Arizona v. Jesus Xavier Almaguer (2013)
“In contrast, to be justified by self-defense, Almaguer could have used or threatened deadly physical force only “[w]hen and to the degree a reasonable person would believe” such physical force was immediately necessary to protect himself.”
State v. Barraza (2005)
“*176 ¶ 12 For example, from the inception of the crime prevention statute in the 1978 Arizona Criminal Code revision, one of the enumerated offenses in § 13-411(A) has been aggravated assault committed pursuant to A.”
State v. Lujan (1983)
“" A.R.S. § 13-405. Viewing the facts in a light most favorable to the defendant, they do not establish a jury question on this point, and I therefore concur.”
State v. Hussain (1997)
“section 13-411 differs from the other justification statutes in that it permits a person to employ deadly physical force “if and to the extent the person reasonably believes [it] is immediately necessary” to prevent the commission of any of several enumerated crimes, see A.”
State v. Lopez (1988)
“If there exists in your mind a reasonable doubt as to whether the defendant was acting in self-defense, you must resolve such doubt in favor of the defendant and find him not guilty.”
State v. Carson (2017)
“A.R.S, § 13-405(A). As it pertains to this case, deadly physical force means force whose purpose or effect “is capable of creating a substantial risk of causing death or serious physical injury.”
State v. Gamez (2011)
“In Gallegos , the defendant argued that the victim was “a dead body” at the time of sexual penetration and therefore not “a person” for purposes of § 13-405(A). 178 Ariz. at 8 , 870 P.2d at 1104 .”
State v. Lucas (1990)
“The trial court instructed the jury pursuant to A.R.S. § 13-405. However, it erroneously advised them that a person is justified in threatening or using deadly physical force against another person when a reasonable person would believe that deadly physical force was immediately…”
State v. Aguirre (2023)
“See A.R.S. § 13-405(A) (“A person is justified in threatening or using deadly physical force against another .”
— Ariz. Rev. Stat. § 13-405(2) — 2 cases
State v. Salazar (1995)
State v. Leonardo (1989)
— Ariz. Rev. Stat. § 13-405(A) — 8 cases
State v. Gamez (2011)
“In Gallegos , the defendant argued that the victim was “a dead body” at the time of sexual penetration and therefore not “a person” for purposes of § 13-405(A). 178 Ariz. at 8 , 870 P.2d at 1104 .”
State of Arizona v. Jesus Xavier Almaguer (2013)
“In contrast, to be justified by self-defense, Almaguer could have used or threatened deadly physical force only “[w]hen and to the degree a reasonable person would believe” such physical force was immediately necessary to protect himself.”
State v. Aguirre (2023)
“See A.R.S. § 13-405(A) (“A person is justified in threatening or using deadly physical force against another .”
State v. Carson (2017)
“A.R.S, § 13-405(A). As it pertains to this case, deadly physical force means force whose purpose or effect “is capable of creating a substantial risk of causing death or serious physical injury.”
— Ariz. Rev. Stat. § 13-405(A)(1) — 2 cases
State of Arizona v. Ronald Vassell (2015)
“, in self-defense under A.R.S. § 13-405; the prosecutor countered that there was no evidence of “unlawful” use of force by police, in a clear reference to A.”
State v. Jaynes (2023)
— Ariz. Rev. Stat. § 13-405(A)(2) — 9 cases
State of Arizona v. Jesus Xavier Almaguer (2013)
“In contrast, to be justified by self-defense, Almaguer could have used or threatened deadly physical force only “[w]hen and to the degree a reasonable person would believe” such physical force was immediately necessary to protect himself.”
State of Arizona v. Ronald Vassell (2015)
“, in self-defense under A.R.S. § 13-405; the prosecutor countered that there was no evidence of “unlawful” use of force by police, in a clear reference to A.”
State v. Carson (2017)
“A.R.S, § 13-405(A). As it pertains to this case, deadly physical force means force whose purpose or effect “is capable of creating a substantial risk of causing death or serious physical injury.”
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