AZ RAJI4th 4.04-1 − Non-Justification for Threat or Use of Physical Force

AZ RAJI4th 4.04-1 − Non-Justification for Threat or Use of Physical Force

State: Arizona

Revised Arizona Jury Instruction (RAJI 4th)

AZ RAJI4th 4.04-1 − Non-Justification for Threat or Use of Physical Force

A defendant is not justified in using or threatening physical force against another:

[in response to verbal provocation alone.]

[to resist an arrest that the defendant knew or should have known was being made by a peace officer or by a person acting in a peace officer’s presence and at the peace officer’s direction, whether the arrest is lawful or unlawful, unless the physical force used by the peace officer exceeds that allowed by law.]

[if the defendant provoked the other person’s use or attempted use of unlawful physical force, unless:

  1. the defendant withdrew from the encounter or clearly communicated to the other person the intent to withdraw with the reasonable belief that the defendant could not safely withdraw; and
  2. the other person continued or attempted to use unlawful physical force against the defendant.]

The State has the burden of proving beyond a reasonable doubt that the defendant did not act with such justification. If the State fails to carry this burden, then you must find the defendant not guilty of the charge.

By | 2018-02-26T07:57:26+00:00 January 14th, 2013|Comments Off on AZ RAJI4th 4.04-1 − Non-Justification for Threat or Use of Physical Force