If I have a fight outside my apartment and choose to use a non-lethal weapon to attempt to break up this fight, what may happen to me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I have a fight outside my apartment and choose to use a non-lethal weapon to attempt to break up this fight, what may happen to me?
The non lethal form is RAP4 10X normal strength pepper balls.
Asked on October 23, 2013 under Criminal Law, Arizona
Answers:
Anne Brady / Law Office of Anne Brady
Answered 11 years ago | Contributor
Arizona recognizes the defense of a third person as a legitimate defense to a charge of criminal assault. The statute is ARS 13-406. So if you reasonably believe that one of the people in the fight is using deadly or otherwise unlawful physical force against the third person you are protecting, you will be able to assert the defense of third person defense. However, if you injure somebody that person may sue you for the intentional tort of civil assault, and it will be your word against his -- preponderance of the evidence, rather than proof beyond a reasonable doubt.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.