AZ RAJI3d 4.18 − Justification for Using Force in Defense of Residential Structure or Occupied Vehicles

AZ RAJI3d 4.18 − Justification for Using Force in Defense of Residential Structure or Occupied Vehicles

State: Arizona

 

Revised Arizona Jury Instruction (RAJI 3d)

AZ RAJI3d 4.18 − Justification for Using Force in Defense of Residential Structure or Occupied Vehicles

 

The defendant was justified in threatening to use or using physical force or deadly physical against another person if the defendant reasonably believed the following:

1.The defendant, or another person, was in imminent peril of death or serious physical injury; and

2.[The person against whom the physical force or deadly physical force was threatened or used was in the process of unlawfully or forcefully entering or had unlawfully or forcefully entered a residential structure or occupied vehicle.]
[The person against whom the physical force or deadly physical force was threatened or used had removed or was attempting to remove [the defendant] [another person] against the [defendant’s] [other person’s] will from a residential structure or occupied vehicle.]

“Residential structure” means any structure, movable or immovable, permanent or temporary, that is adapted for both human residence and lodging whether occupied or not.

“Vehicle” means a conveyance of any kind, whether or not motorized, that is designed to transport persons or property.

The defendant has no duty to retreat before threatening or using physical force or deadly physical force.

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 | 2013-01-14T11:13:23+00:00 January 14th, 2013|Comments Off on AZ RAJI3d 4.18 − Justification for Using Force in Defense of Residential Structure or Occupied Vehicles