AZ RAJI3d 4.08 − Justification in Defense of Property

AZ RAJI3d 4.08 − Justification in Defense of Property

State: Arizona

 

Revised Arizona Jury Instruction (RAJI 3d)

AZ RAJI3d 4.08 − Justification in Defense of Property

 

A defendant is justified in using physical force against another in defense of property if a reasonable person in the situation would believe it necessary to prevent what a reasonable person in the situation would believe was [an attempt] [a commission] [a threat] by the other person of [theft] [criminal damage] involving tangible movable property under the defendant’s possession or control.

Defense of property justifies the use physical force only while the danger continues, and it ends when the danger ends. The force used may not be greater than reasonably necessary to defend against the danger.

Actual danger is not necessary to justify the use of physical force or deadly physical force in defense of property.

The use of physical force is justified if a reasonable person in the situation would have reasonably believed that immediate physical danger appeared to be present.

You must measure the defendant’s belief against what a reasonable person in the situation would have believed.

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 | 2013-01-14T11:04:28+00:00 January 14th, 2013|Comments Off on AZ RAJI3d 4.08 − Justification in Defense of Property