The Deadly Force Defense Lawyer: Understanding Arizona’s Self-Defense Laws (Part 1)

At Chuck Franklin Law, we’ve seen how quickly a split-second decision involving a firearm can change a person’s life forever. With nearly 39 years of trial experience before Arizona juries, Chuck Franklin has handled countless cases where lawful self-defense was misunderstood by law enforcement or prosecutors.

This article explains when deadly force is legally justified, what actions can cross the line into criminal conduct, and how to protect yourself legally after a shooting.

Never Fire a Warning Shot

In Arizona, a warning shot is considered deadly physical force under A.R.S. § 13-405 and is almost never justified. Do not draw or display your firearm to “scare” someone. Brandishing without lawful justification can result in serious charges like Aggravated Assault (A.R.S. § 13-1204) or Disorderly Conduct with a Weapon (A.R.S. § 13-2904(A)(6)).

Only Use a Gun When You Are Truly in Fear

Arizona law requires your fear to be reasonable. You must clearly explain why you believed you were in imminent danger of death or serious physical harm — not just disrespected or threatened.

When the Threat Ends, Stop Shooting

Your right to use deadly force ends when the threat ends. If an attacker drops a weapon, turns away, or is incapacitated, you must stop firing. Continuing to shoot can lead to charges of aggravated assault or even second-degree murder. Once safe, re-holster your weapon and call 911.

The Arizona Use-of-Force Standard

Arizona’s self-defense law relies on three essential elements:

• Ability: The aggressor must have the power to cause serious harm.
• Opportunity: The aggressor must be close enough to use that power.
• Jeopardy: The aggressor’s actions must clearly place you in danger.

If any element is missing, deadly force is not justified under Arizona law.

Protecting Property Is Not a Defense

Arizona law does not allow deadly force solely to protect property. Once a crime ends — for example, a theft or burglary — you cannot chase and shoot a fleeing suspect. Doing so is almost always viewed as unreasonable and unlawful.

Never Fire Through a Door

Firing through a closed door without confirming a visible threat is not reasonable self-defense. Even under A.R.S. § 13-411, which covers home defense, the danger must be imminent and identifiable.

What to Do After a Shooting

If involved in a shooting, call 911 immediately. Keep it short and factual: “There has been a shooting. One person is injured. Please send police and an ambulance.” Do not elaborate. When officers arrive, remain calm, comply, and do not make statements without an attorney present — everything is recorded on body cameras.

Be Cautious with Alcohol or Medication

Arizona law does not ban armed self-defense after drinking or medication use, but any impairment can weaken your claim. Under A.R.S. § 13-404, your belief that force was necessary must be reasonable. Impairment may suggest reckless judgment under A.R.S. § 13-404(B)(3).

Civil Liability Still Exists

Even if no criminal charges are filed, you can still face a civil lawsuit. Civil cases use a lower burden of proof (“more likely than not”), and a lawful self-defense act can still lead to financial liability.

The Bottom Line

Owning or carrying a firearm comes with enormous responsibility. Deadly force must be a last resort when facing immediate, reasonable fear for your life. Once the threat ends, stop shooting, call 911, and contact an experienced defense attorney before speaking to police.

Disclaimer

This article is general information only, not legal advice. For legal help, call Chuck at 480-545-0700.

Sources

• A.R.S. § 13-405
• A.R.S. § 13-1204
• A.R.S. § 13-2904
• A.R.S. § 13-411
• A.R.S. § 13-404