Legal Question in Criminal Law in Arizona

asaualt

my niece asualted me in my home and i defended my self i grabed her by her neck and pushed her over a couch can i be charged for grabing her by her neck


Asked on 7/16/09, 8:25 am

3 Answers from Attorneys

Grady Wade Wade Law Firm, PLC

Re: asaualt

Yes. But you would be able to argue the defense of self defense.

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Answered on 7/16/09, 11:22 am
Joan Bundy Joan Bundy Law

Re: asaualt

Yes. That would not technically be defined as "self-defense." Self-defense would be running away or deflecting blows. You both could be charged with assault, although she may bear the brunt of the punishment if she was the primary aggressor.

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Answered on 7/16/09, 4:40 pm
Grady Wade Wade Law Firm, PLC

Re: asaualt

I would have to respectfully disagree with Ms. Bundy. A.R.S 13-404 states:

"A. Except as provided in subsection B of this section, 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 of unlawful physical force."

You can claim self-defense for using a degree of physical force that a reasonable person would believe necessary in the circumstance. Even deadly force may be justified if used against an attacker using what a reasonable person would consider deadly force.

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Answered on 7/17/09, 10:08 pm


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