AZ RAJI3d 4.07 − Justification in Defense of Premises

AZ RAJI3d 4.07 − Justification in Defense of Premises

State: Arizona

 

Revised Arizona Jury Instruction (RAJI 3d)

AZ RAJI3d 4.07 − Justification in Defense of Premises

 

A defendant in lawful possession or control of the premises is justified [in threatening to use deadly physical force] [in using physical force] [in attempting to use physical force] [in threatening to use physical force] in defense of premises if a reasonable person in the situation would have believed it immediately necessary to prevent or terminate the commission or attempted commission of a criminal trespass by another person in or upon the premises. The force used may not be greater than reasonably necessary to prevent the [attempted] criminal trespass.

An actual criminal trespass is not necessary to justify the use of physical force in defense of premises. A defendant is justified in defending premises if the defendant reasonably believed that a criminal trespass was being [committed] [attempted]. You must measure the defendant’s belief against what a reasonable person in the situation would have believed.

The defense ends when the [attempted] criminal trespass ends.

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. [The user is directed to the Prefatory Use Note regarding the applicability of this paragraph.]

By | 2013-01-14T11:03:08+00:00 January 14th, 2013|Comments Off on AZ RAJI3d 4.07 − Justification in Defense of Premises