Arizona Revised Statutes

Ariz. Rev. Stat. § 13-408 (2026)

Justification; use of physical force in defense of property

✓ current as of May 2026
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A person is justified in using physical force against another when and to the extent that a reasonable person would believe it necessary to prevent what a reasonable person would believe is an attempt or commission by the other person of theft or criminal damage involving tangible movable property under his possession or control, but such person may use deadly physical force under these circumstances as provided in sections 13-405, 13-406 and 13-411.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1989–2024 · leading case: State v. Hussain, 942 P.2d 1168 (Ariz. Ct. App. 1997).
State v. Hussain, 942 P.2d 1168 (Ariz. Ct. App. 1997). · cites it 3× “§ 13-407; and (4) in defense of property, see A.R.S. § 13-408. The trial court denied all but the self-defense instruction, concluding that the evidence did not support the others, and that the self-defense instruction adequately “cover[ed] what the testimony state[d].”
State v. Korzep, 799 P.2d 831 (Ariz. 1990). “…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 13-411, however, differs from these other justification defenses.…”
State v. Foster, 955 P.2d 993 (Ariz. Ct. App. 1998). · cites it 2× “” A.R.S. § 13-408. This statute also notes, however, that use of deadly physical force is only justified to prevent crimes listed in A.”
State v. Thomason, 783 P.2d 809 (Ariz. Ct. App. 1989). “…§§ 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 these other sections. Under § 13-411, the only limitation…”
State v. Sulu-Kerr (Ariz. Ct. App. 2024). · cites it 4× “The State also requested a jury instruction for the defense of property under A.R.S. § 13-408 (justifying the “us[e] [of] physical force against another .”
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