Arizona Self-Defense Laws: What Qualifies as Self-Defense?

Arizona’s self-defense and related “justification” laws are in Title 13, Chapter 4 of the Arizona Revised Statutes, starting at A.R.S. § 13-401. The main sections are summarized below.

When Is Self-Defense Legally Justified in Arizona?

Under A.R.S. § 13-404, you may threaten or use physical force against another person “when and to the extent a reasonable person would believe that physical force is immediately necessary” to protect yourself against that person’s use or attempted use of unlawful physical force. Three ideas do most of the work:

• A reasonable person standard. The question is not only what you believed, but what a reasonable person in your situation would have believed.
• Immediately necessary. Force used after the threat has ended, or in retaliation, is not self-defense.
• To the extent necessary. The amount of force must fit the threat.

When is self-defense not available?

The statute lists three situations (§ 13-404(B)):

• Words alone. Force is not justified in response to verbal provocation alone, such as insults or name-calling.
• Resisting arrest. You may not use force to resist an arrest you know or should know is being made by a peace officer, even if the arrest is unlawful, unless the officer uses more force than the law allows.
• Starting the fight. If you provoked the other person’s use of force, you can claim self-defense only if you withdrew, or clearly communicated your intent to withdraw, and the other person kept using or trying to use unlawful force.

Example: someone shoves you during an argument at a bar. Pushing them away to create space is likely to be seen very differently from following them and hitting them after they have backed off.

When Can You Use Deadly Force in Arizona?

Deadly physical force means force used to cause death or serious physical injury, or force that in the way it is used can create a substantial risk of death or serious physical injury (A.R.S. § 13-105). Under A.R.S. § 13-405, it is justified only when:

1. you would be justified in using physical force under § 13-404, and
2. a reasonable person would believe deadly force is immediately necessary to protect against the other person’s use or attempted use of unlawful deadly physical force.

Arizona also allows physical or deadly force when a person reasonably believes it is immediately necessary to prevent certain serious crimes listed in A.R.S. § 13-411, including arson of an occupied structure, first- or second-degree burglary, kidnapping, manslaughter, second- or first-degree murder, armed robbery, certain aggravated assaults, and other serious violent offenses listed in the statute. A person acting to prevent one of these crimes is presumed to be acting reasonably (§ 13-411(C)).

Does Arizona Have a Duty to Retreat?

No, in most situations. You have no duty to retreat before threatening or using deadly force if you are in a place where you may legally be and you are not engaged in an unlawful act (A.R.S. § 13-405(B)). There is also no duty to retreat when force is justified to prevent one of the crimes in § 13-411, which applies in your home, business, vehicle, or “any other place in this state where a person has a right to be” (§ 13-411(B), (D)), or when defending a home or occupied vehicle under § 13-418. This is what people usually mean by Arizona’s “stand your ground” law.

No duty to retreat does not mean any force is allowed. The force still has to be reasonable and immediately necessary.

Can You Defend Someone Else or Your Property?

Defending another person

You may use physical or deadly force to protect a third person if, as a reasonable person would see it, that person would be justified in using the same force to protect themselves (A.R.S. § 13-406).

Defending premises

A person in lawful possession or control of premises may threaten deadly force, or threaten or use physical force, to stop a criminal trespass. Actually using deadly force is allowed only in defense of yourself or others under §§ 13-405 and 13-406 (A.R.S. § 13-407).

Defending property

You may use reasonable physical force to prevent theft of, or criminal damage to, property in your possession or control (A.R.S. § 13-408). Deadly force is not justified to protect property alone. It is allowed only under the self-defense, defense-of-others, and crime-prevention statutes.

Showing a firearm

Telling someone you have a firearm, displaying it in a protective way, or putting your hand on a holstered or carried firearm is a “defensive display.” It is justified when a reasonable person would believe physical force is immediately necessary to protect against unlawful physical or deadly force. It does not protect someone who intentionally provoked the other person or who was committing certain serious or violent crimes (A.R.S. § 13-421).

Do You Have to Prove Self-Defense in Arizona?

No. This is one of the most important and most misunderstood points in Arizona self-defense law. Justification is not an affirmative defense. If the defense presents evidence of justification, the State must prove beyond a reasonable doubt that you did not act with justification (A.R.S. § 13-205(A)).

That is why evidence gathered early matters: video, 911 calls, photos of your injuries, witness names, and messages that show who threatened whom.

Self-defense in domestic violence cases

Arizona’s domestic violence statute says that an act of self-defense justified under Chapter 4 is not domestic violence, and police may arrest both people only if they have probable cause that each independently committed domestic violence (A.R.S. § 13-3601(B)). If you were arrested after defending yourself from a partner or family member, see our domestic violence defense page.

Related defenses and civil lawsuits

Duress is a separate justification for conduct compelled by the threat of immediate force, but it is not available for offenses involving homicide or serious physical injury (A.R.S. § 13-412). And Arizona law says no one is subject to civil liability for conduct that is justified under these statutes (A.R.S. § 13-413).

What Charges Can You Face If Self-Defense Is Not Accepted?

The charge depends on what happened and how badly someone was hurt. Common charges include:

• Disorderly conduct for fighting is a class 1 misdemeanor, punishable by up to 6 months in jail and a fine of up to $2,500 plus surcharges. Recklessly handling, displaying, or discharging a deadly weapon is a class 6 felony (A.R.S. § 13-2904; § 13-707; § 13-802). See disorderly conduct charges.
• Aggravated assault causing serious physical injury or using a deadly weapon or dangerous instrument is a class 3 felony, or a class 2 felony against certain victims such as first responders or peace officers (A.R.S. § 13-1204). When charged as a dangerous offense, a first offense carries 5 to 15 years in prison (§ 13-704(A)). See aggravated assault defense.
• Manslaughter, including recklessly causing a death or a killing on sudden quarrel or heat of passion, is a class 2 felony (A.R.S. § 13-1103). As a dangerous offense, a first offense carries 7 to 21 years (§ 13-704(A)).
• Second-degree murder is a class 1 felony with a range of 10 to 25 calendar years for a first offense, and 15 to 29 years with certain prior convictions (A.R.S. § 13-1104; § 13-710). See homicide defense.

Prior felony convictions and other allegations can raise these ranges. Dangerous-offense sentences require prison. For the bigger picture, see our violent crime defense page.

When Should You Call a Defense Lawyer?

As soon as possible after any incident where you used or threatened force, and ideally before you give a full statement to police. Guardian Law Group defends people facing assault, violent crime, and homicide charges in Maricopa, Yavapai, and Pinal counties and in non-tribal courts throughout Arizona. See all of our criminal defense services.

Questions About Self-Defense Under Arizona Law

Short answers to common questions. Every case is different, so use these as a starting point for a conversation with a lawyer.