Arizona Jury Instructions – Criminal
STATUTORY CRIMINAL INSTRUCTIONS — TITLE 13
CHAPTER 4

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

 

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