If you ask almost any lawyer or news fan in the state, they’ll tell you that “Stand Your Ground” is one of Arizona’s most controversial laws. The law has recently shown up in news headlines. Or rather, there have been news headlines featuring cases where similar laws resulted in deaths that allegedly resulted in racially-motivated deaths.

The problem with Arizona’s “Stand Your Ground” Law is that it’s much-maligned and also often misunderstood. To understand the inner workings of this law, it’s important to talk about it. If you are in a situation where the law may come into play, understanding its nuances matters.

What is the Arizona “Stand Your Ground” Law?

“Stand Your Ground” laws are laws that refer to the ability to defend yourself in the midst of a home intruder. These laws defend the right of a person to use deadly force when attacked or having an intruder in your home. With this law, you are not legally required to try to flee.

Nationally, it’s still considered to be the duty of the jury to determine if the person exercising their right under this law was acting reasonably. If it’s found to be an unreasonable, you can still be charged with a crime.

How Is Arizona’s Stand Your Ground Law Different Than Others?

In the majority of the states with a Stand-Your-Ground law, the use of self-defense without the requirement to run away is limited to crimes that are about to occur in your home or workplace. In Arizona, that right is expanded to anywhere that you are legally allowed to be.

If property was damaged as a result of exercising your right to self-defense, then you also are not held liable for charges related to that.

What Does Arizona’s “Stand Your Ground” Law Not Cover?

Arizona, if nothing else, is very understanding of the danger that a sudden assault can have. However, there are limitations to what this law will allow you to do. If any of the following are true, then Arizona’s “Stand Your Ground” law will not cover you:

• If you injure someone who is innocent in the assault, you will still face criminal charges.
• The “threat” you had was resisting arrest for a crime you committed.
• If you were the one who instigated the fight, you are not allowed to use “Stand Your Ground” unless you verbally explain that you no longer want to engage in combat and the other person continued to use physical force.
• The threat involved was purely verbal.

Why Is The “Stand Your Ground” Law So Controversial?

The idea of having the right to defend yourself is something that seems like common sense. If someone punches you, you should punch back, right? Well, in theory, that’s the way it should go. In most cases, this is the way it goes.

However, there are drawbacks. In many news headlines, people have read about defendants in racially-oriented attacks using the “Stand Your Ground” law of their state to defend themselves in court. In some cases, people accused the law of condoning an attitude of “shoot first, ask questions later.”

Truthfully, there are some statistical disparities in the use of the “Stand Your Ground” law between races. Moreover, there are also signs that show that success in using this law to clear you of charges. In some cases, it absolutely could potentially be a racial issue.

Can You Use The “Stand Your Ground” Law As A Defense?

It depends on the situation that you are in, and truthfully, this is a matter that is best discussed with a lawyer. In many cases, it could potentially be a viable option as a defense. This is especially true if the following conditions are true:

• You were being attacked without any provocation. Any time that you are being threatened with an unprovoked physical altercation, the state of Arizona allows you to stand up for yourself. This includes issues like assault, rape, and attempted murder.
• When you were attacked, you were in a place that you were allowed to be. For example, if you were a burglar who shot a homeowner, this defense would not apply to you. On the other hand, if you were a homeowner who shot a burglar, it would.
• You tried to diffuse the situation. Did you try to get the assailant to leave peacefully? While this is not a requirement, it does tend to suggest that you are in the “right” with the law.
• There were no other individuals harmed in the altercation, aside from the person who tried to hurt you. This is a must for Arizona’s “Stand Your Ground” law.
• Drugs were not involved. Though this is not an official mandate, most courts won’t take kindly to hearing that the altercation happened while under the influence of drugs.

How Reliable Is A “Stand Your Ground” Defense?

This is kind of dicey. The truth is that using the “Stand Your Ground” defense is not always easy in Arizona. The courts generally want to know that you were acting under imminent threat of death, and need to see proof that you acted in a reasonable manner.

Though the law is on the books, there is never a guarantee that using it as a defense is a foolproof way of getting charges dropped. The best way to ensure that you get the highest chance of a successful defense is to talk to your lawyer.

Is The “Stand Your Ground” Law In Arizona In Peril?

Due to the increased demand in scrutiny over laws that have serious racial disparties, there has been an ongoing inquest into the use and viability of “Stand Your Ground” laws across the nation. Arizona is no exception to the trend.

Believe it or not, Arizona’s “Stand Your Ground” law is actually not that old. It’s only been a law since 2010. Currently, the law is still on the books and has not been revised. Unfortunately, it’s already been linked to higher rates of gun violence in multiple studies.

While it currently can be used as a legal defense in many cases that occur within the state’s borders, ongoing calls to have the law repealed or revised may change this. It’s best to assume that the controversial law may end up undergoing revision or repeal in upcoming decades.

Conclusion

Having a “Stand Your Ground” law in Arizona is a great thing for people who have to use force in self-defense. It’s a law that was established on the understanding that things sometimes happen in moments where violence is clearly on a person’s mind.

If you have been in an altercation where you had to apply lethal or near-lethal force in order to save yourself or someone else, it is possible you could use this law as a legal defense. However, it’s not something that you should assume is a shoo-in for your case.

The best way to ensure that you use this defense to your best advantage is to do so with the help of an attorney on your side. As with any case that could end up with a criminal charge, hiring a qualified legal professional is the smartest choice to make.