AZ RAJI4th 4.07 − Justification in Defense of Premises

AZ RAJI4th 4.07 − Justification in Defense of Premises

State: Arizona

Revised Arizona Jury Instruction (RAJI 4th)

AZ RAJI4th 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.

 

By | 2018-02-26T08:00:21+00:00 January 14th, 2013|Comments Off on AZ RAJI4th 4.07 − Justification in Defense of Premises