Domestic Violence

questions & answers

Question: My boyfriend stole my phone while I was talking to my father. He was angry at me. I walked after him and asked for my phone back, reaching for it. Did I have the legal right to reach and grab for my personal property back?

Answer: Arizona Revised Statue 13-408 outlines the force a person may use to recover stolen property. 13-408. Justification; use of physical force in defense of property A person is justified in using physical force against another when and to the extent that a reasonable person would believe it necessary to prevent what a reasonable person would believe is an attempt or commission by the other person of theft or criminal damage involving tangible movable property under his possession or control, but such person may use deadly physical force under these circumstances as provided in sections 13-405, 13-406 and 13-411. For information on what constitutes theft, see A.R.S. 13-1802: http://www.azleg.state.az.us/ars/13/01802.htm

Comments:

QUESTIONS

  • My boyfriend stole my phone while I was talking to my father. He was angry at me. I walked after him and asked for my phone back, reaching for it. Did I have the legal right to reach and grab for my personal property back?

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .

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  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
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    866-553-0893
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