Ark. Code Ann. » Title 5 Chapter 02
Arkansas Code Annotated

Ark. Code Ann. § 5-2-602 (2026)

Defense

✓ current as of May 2026
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In a prosecution for an offense, justification as defined in this subchapter is a defense.

History. Acts 1975, No. 280, § 502; A.S.A. 1947, § 41-502.

Case Notes

General Denial and Justification.

In a bench trial resulting in defendant's convictions for aggravated assault on a family member and aggravated assault, the circuit court erred as a matter of law in refusing to consider the defense of justification by ruling that defendant could not present the inconsistent defenses of a general denial and justification; where there is evidence that would support a finding of self-defense, case law has held that a jury instruction is appropriate notwithstanding defendant's testimony that he did not commit the crime. Thus, the circuit court committed an error of law in ruling that defendant was required to choose between the defenses of general denial and justification. Gray v. State, 2019 Ark. App. 543, 590 S.W.3d 177 (2019).

Cited: Thomas v. State, 266 Ark. 162, 583 S.W.2d 32 (1979); Brizendine v. State, 4 Ark. App. 19, 627 S.W.2d 26 (1982); Taylor v. State, 28 Ark. App. 146, 771 S.W.2d 318 (1989).

Notes of Decisions
Cited in 3 cases, 1989–2019 · leading case: Schnarr v. State, 561 S.W.3d 308 (Ark. 2018).
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Schnarr v. State, 561 S.W.3d 308 (Ark. 2018). · cites it 2× “" Ark. Code Ann. § 5-2-602 . As a limit on this general proposition, Arkansas Code Annotated section 5-2-614 provides that [w]hen a person believes that the use of physical force is necessary for any purpose justifying that use of physical force under this subchapter but the…”
Taylor v. State, 771 S.W.2d 318 (Ark. Ct. App. 1989). · cites it 2× “Ark. Code Ann. § 5-2-602 (1987). Where there is evidence of self-defense it is error for the court not to give an appropriate instruction, Doles v.”
Arthur Gray v. State of Arkansas, 2019 Ark. App. 543 (Ark. Ct. App. 2019). · cites it 2× “Ark. Code Ann. § 5-2-602 (Repl. 2013). 1 On appeal, Mr.”
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