How Hard Would It Be To Prove A Self Defense Case?
Self defense is essentially an affirmative defense, which means the person did assault another person but they had the legal right to do so. When someone makes a self-defense claim, they cannot claim they did not touch the other person or hurt them because they are saying they did it and they had the right to do so because they might have been in fear for their life and safety.
Arizona laws are very detailed regarding felony cases, so self-defense cases and self-defense would be a question for the jury. The way Arizona law works is that the person is only allowed to use as much force as the other person was using against them to protect themselves for self-defense. The law would not allow someone to shoot a person if they punched them in the face, and that would not be a valid self-defense claim under Arizona law. If someone shot a person, then the law states the person may have the right to shoot back. It is a fact dependant question and is really something for a jury to decide.
Under some recent law changes regarding self-defense issues in Arizona, the state and prosecutor have to prove beyond a reasonable doubt that the person was not defending themselves. They only have to do that when a judge thinks it is appropriate and the defense is a valid defense, so once the defense shows just enough evidence to show that it was a potential self-defense case, the state has the burden of proving beyond a reasonable doubt that the person was not defending themselves. A person would be allowed to defend themselves if someone essentially initiated the violence toward them. They can defend themselves with equal resistance to whatever the other person was doing. It is judged on a case-to-case basis and there is no solid rule so it would be up to a jury or a judge to decide depending on the level of the case.
Could A Person Get In Trouble If Their Spouse Was Attacking Them And They Held The Person’s Arms While Trying To Defend Themselves?
It is possible. Just because a person may not have legally done anything wrong does not mean the police cannot arrest them for it, because those are issues that depend on the victim. If the victim’s story is that the person was unprovoked, grabbed her, held her arms and wouldn’t let her leave but the person denies that because they were trying to prevent her from hitting them, then there are two different stories and those stories will have to be investigated and flushed out at a trial or through some interviews but either way, that scenario will led itself to a lot of different sides of the story, but it absolutely is a defensible case.
Could Someone Face Assault Charges For Pushing Or Nudging Someone Out Of Their Way With Their Shoulder?
A person is potentially risking an assault charge when they touch anybody physically, because to prove that a person is innocent or that it was not self-defense means having to make an affirmative defense which means they admit they did push them. Anytime a person touches anybody physically, they would be putting themselves at risk but a nonviolent or a nonphysical solution is always the best choice.
Typically Do More People Confess Their Guilt And Try To Move On From The Incident Or Do More People Say It Was Not Their Fault And It Was A Case Of Self Defense?
A lot of people make mistakes and acknowledging the mistake ask for somebody to help them get through this process, but there are also people who legitimately say they are innocent and want to fight the case. The police file lots of cases especially under misdemeanors, and make lots of arrests for cases when they do not have all the facts. This is especially true for domestic violence cases. The most common issue is when a party is charged with disorderly conduct domestic violence.
Disorderly conduct means that a person has disturbed somebody else’s peace. The domestic violence evidence means that the person is either married to, have a baby with or live with the person, and in Arizona, it seems like there are a lot more of these misdemeanor domestic violence disorderly conduct tickets. It is really unfortunate because disorderly conduct does not mean that a person actually hurt somebody or was threatening to hurt somebody, it literally means that the person could have gotten in a loud argument and disturbed somebody’s peace. It is a grey area that is becoming increasingly common.
Do A Lot Of These Situations Often Lead To Divorce In Your Experience?
Would Taking Some Sort Of Seminar Or Class Like Anger Management Help The Case Or Would It Be An Admission Of Guilt?
Taking a class after a person has been charged does not mean they are admitting guilt. It could mean the person wants to show the court that they are looking to resolve a case and are taking positive steps to show they acknowledge some violent or bad behavior. It shows the person wants to take positive steps to rectify the issues and not do it again. It is good mitigation to show that a person takes the case seriously and they should do that, because it would not be an admission of guilt if they took some classes.
Who Typically Reports Verbal Altercations And In Case Of A Physical Altercation Would There More Than Likely Be An Arrest?
Yes. A lot of people have money problems so maybe a husband and wife were arguing about money when all of a sudden, a neighbor walking the dog heard somebody yelling, got scared and wanting to be a nice neighbor and make sure nothing violent happened thought they would call the police.
They do not realize that maybe these two were raising their voices but were not ever going to hurt each other when all of a sudden the police say, “Well, it’s our policy. We can’t leave you guys here alone. We’re scared you might hurt each other so we got to arrest one of you”, and that is pretty common. All of a sudden, a person goes from arguing about paying some bills, to being taken to jail. This is a serious issue, and can hurt a person’s job or they could lose their job. Domestic violence convictions can prevent a person from carrying firearms and they are generally a bad thing.
Normal people realize these kinds of cases are too serious and that they will need a good qualified lawyer to defend them in it.
What Are The Future Hardships After A Domestic Violence Charge Or Conviction With Regards To Employment Or Anything Else?
The major hardship is the stigma if someone gets a disorderly conduct type of domestic violence charge even though they may have never been physical with their significant other. Disorderly conduct means a loud argument, but the problem is that most of the public does not know what that means, so all they know is that a person has been convicted for a domestic violence offense.
The stigma can make a person seem like they are violent when maybe they are not and it also gives the impression that maybe the person is a husband or wife beater and that is a really bad stigma which could prevent someone from getting a job. It could even cost someone their job. It could prevent a person from being able to carry firearms and a lot of people hunt or maybe they need them for safety at home. Even as a misdemeanor, a domestic violence conviction can be something that could really hurt opportunities and make life pretty tough for somebody.
Does It Make The Case More Difficult For The Defendant If There Are Alcohol And Drugs Involved?
Alcohol and drugs can always contribute to possible violent behavior because they diminish a person’s ability to make good decision, so they can possibly go hand-in-hand.
Drugs or alcohol are not a very good defense. It would not really be a legal defense if someone said they did it because they were drunk and they were really sorry. Voluntary intoxication from anything is not a legal defense to an assault charge, so people should know it is not a valid defense and they need to be very careful while using it because drugs and alcohol can contribute to that type of behavior.
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