Legal Question in Criminal Law in Arizona
asaualt
my niece asualted me in my home and i defended my self i grabed her by her neck and pushed her over a couch can i be charged for grabing her by her neck
3 Answers from Attorneys
Re: asaualt
Yes. But you would be able to argue the defense of self defense.
Re: asaualt
Yes. That would not technically be defined as "self-defense." Self-defense would be running away or deflecting blows. You both could be charged with assault, although she may bear the brunt of the punishment if she was the primary aggressor.
Re: asaualt
I would have to respectfully disagree with Ms. Bundy. A.R.S 13-404 states:
"A. Except as provided in subsection B of this section, a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful physical force."
You can claim self-defense for using a degree of physical force that a reasonable person would believe necessary in the circumstance. Even deadly force may be justified if used against an attacker using what a reasonable person would consider deadly force.
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