Arizona Stand Your Ground and Self Defense Laws
By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed March 18, 2025
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The right to self-defense is one of the most hotly-contested topics in America today. Many states have enacted affirmative "stand your ground laws," which say you do not have to retreat before defending yourself when faced with an immediate threat of force.
Arizona's stand-your-ground law (Arizona Revised Statutes § 13-411) allows using reasonable force, up to and including lethal force, to prevent an enumerated list of crimes. ARS 13-405 allows the use of deadly force without a duty to retreat if someone faces an unlawful deadly attack.
Understanding Arizona's Self-Defense Laws
Most self-defense laws do not specify a duty to retreat. Only 11 states have laws requiring people to retreat if it is safe before using force to defend themselves. All other states have stand-your-ground laws or case law that does not require retreat.
Stand Your Ground vs. Self-Defense
When Florida enacted its stand-your-ground law, it tried to answer discrepancies in the language of the laws. It was not clear if a victim had to retreat before defending themselves. Under common law precepts, victims had a duty to retreat to a place of safety if they could reasonably do so.
Modern American law was mostly silent about any duty to retreat except in a few states whose laws say victims must retreat if it is safe. Some states, like California, rely on an interpretation of case law but conclude there is no duty to retreat.
Arizona has two statutes that do not require a duty to retreat.
ARS § 13-405 — justification for use of deadly physical force. A person may use deadly physical force against another if:
- They would be justified in using force to defend against an equal use of force
- They reasonably believe lethal force is necessary to defend against the other's use of lethal force
- There is no duty to retreat from a threat of lethal force if the person is legally in a place where they have a right to be and not engaged in an unlawful act
ARS § 13-411 — use of force for crime prevention. A person may use force up to and including lethal force to prevent another's commission of any of the following crimes:
- Arson of an occupied structure
- Burglary in the second or first degree
- Kidnapping
- Manslaughter, second- or first-degree murder
- Child molestation
- Sexual assault
- Armed robbery
- Aggravated assault
In these situations, there is no duty to retreat before using force, and there is a presumption that a reasonable person would have reacted similarly. This section applies to one's property, including business and leased property, and acts as Arizona's "castle doctrine" law.
In other self-defense situations, people may use proportional force necessary to defend themselves and others up to and including deadly force. The laws do not state a duty to retreat. In general, as long as the person is in a location that they are legally allowed to be and they're in imminent danger, there is no duty to retreat before using force (ARS § 13-406, 13-407).
A self-defense claim is an affirmative defense in court. This means the defendant must show a reasonable belief that they were in imminent danger and reacted appropriately. The prosecution must show that their defense was invalid beyond a reasonable doubt.
Unjustified Use of Force
A person cannot claim self-defense if they are performing an unlawful act or in a location where they are not legally allowed to be. Although someone may have a legal right to "stand their ground," the courts frown on defendants who could have avoided using physical force by leaving the bar. Use of force is not justified:
- If the person is the initial aggressor
- In response to verbal provocation
- Resisting arrest by a law enforcement officer
- When the defendant intentionally provoked the other person's use of force unless the defendant clearly tried to withdraw and the other person continued the attack
Even when someone believes they can justify their use of physical or deadly force, if they recklessly injure or kill a third person by doing so, they can't use any justification for the third person (ARS § 13-401). In other words, if you legitimately believe you are stopping a robbery but shoot and kill the clerk in your zeal, you may face involuntary manslaughter charges for the death of the clerk.
Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state laws before making any legal decisions.
Arizona Stand Your Ground and Self-Defense Laws
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Get Legal Advice From an Arizona Criminal Defense Attorney
Self-defense cases are not as open-and-shut as they seem. Even defending yourself in your own home can result in criminal charges up to murder. If you have a self-defense case using physical force, get legal advice from an Arizona criminal defense attorney to protect your rights.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Arizona attorneys offer free consultations.
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