Ariz. Rev. Stat. » Title 13

Ariz. Rev. Stat. § 13-406

Justification; defense of a third person

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A person is justified in threatening or using physical force or deadly physical force against another to protect a third person if, under the circumstances as a reasonable person would believe them to be, such person would be justified under section 13-404 or 13-405 in threatening or using physical force or deadly physical force to protect himself against the unlawful physical force or deadly physical force a reasonable person would believe is threatening the third person he seeks to protect. 

 

Notes of Decisions
Cited in 22 cases (5 in the last 5 years), 1988–2026 · leading case: State v. Garfield
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State v. Garfield (2004) arizctapp · cites it 4× “] in defense of a third person [pursuant to A.R.S. § 13-406] ... and in order to prevent a crime from occurring [pursuant to A.”
State of Arizona v. Andy Daniel Almeida (2015) arizctapp · cites it 3× “§ 13^104, and defense of third persons, AR.S. § 13-406, limit the use or threat of force to those situations in which it is reasonably and immediately necessary to repel force.”
State v. Dumaine (1989) ariz · cites it 2× “S. § 13-404(A). Similarly, a person may use deadly physical force against another to protect a third person if that person would have been justified under 13-404 (self-defense).”
Lewis v. Dirt Sports LLC (2017) azd · cites it 2× “A.R.S. § 13-406. On the undisputed facts, a jury could conclude only that Mrs.”
State v. Grannis (1995) ariz · cites it 2× “Deadly force may also be used to protect a third person pursuant to AR.S. § 13-406: A person is justified in threatening or using physical force or deadly physical force against another to protect a third person if: 1.”
State v. Lopez (1988) ariz · cites it 2× “” On appeal, appellate counsel contends the instruction was required because the jury could find that defendant’s brother, Jose, was justified in killing Suarez in defense of the defendant.”
State v. Korzep (1990) ariz “…the use of force in: self-defense, §§ 13-404 (nondeadly force) and 13-405 (deadly force); defense of a third person, § 13-406; defense of premises, § 13-407; defense of property, § 13-408; and law enforcement, §§ 13-409 (nondeadly force) and 13-410 (deadly force). Section…”
State v. Cook (1999) wva · cites it 2× “1998); Ariz. Rev.Stat. Ann. § 13-406 (1978) (West Main Vol.”
Christopher Spreitz v. Charles Ryan (2019) ca9 “On June 2, 1989, a grand jury indicted Spreitz for first- degree murder, Ariz. Rev. Stat. Ann. §§ 13-1105 , 13-703; sexual assault, Ariz.”
Nolde v. Frankie (1998) arizctapp · cites it 4× “); see also A.R.S. § 13-406 (The competency of witness in a criminal trial is left to the sound discretion of the trial court.”
State v. Wright (1989) arizctapp · cites it 2× “A.R.S. § 13-406 states: A person is justified in threatening or using physical force or deadly physical force against another to protect-a third person if: 1.”
State v. Thomason (1989) arizctapp “…for the use of nondeadly and deadly physical force in self-defense, §§ 13-404 and -405, defense of a third person, § 13-406, defense of premises, § 13-407, defense of property, § 13-408, and law enforcement, §§ 13-409 and -410. Section 13-411, however, differs somewhat from…”
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