Criminal Law

questions & answers

Question: My step-son was arrested by Phoenix PD on 2 counts of agg. assalt w/deadly weapon. He was protecting his mother from a drunk neighbor who was about to beat his mother up at their front door. He had picked up his rifle and had it in his left hand when he open ed the door to get his mother inside their apartment and away from the drunk. My question is why was he even charged? As an ex-law enforcement officer I would see this a self-defense. The state is now wanting to give him up 25yrs per count. Is there any case histories that a ruling would apply this case to self-defense.

Answer:

To do legal research on cases that may apply, you may want to go to your local law library. Law libraries can be found at universities, public libraries or courts, dependng on where you live. The librarian should be able to assist you with how to begin your legal research.

You can also access the Arizona Revised Statutes (A.R.S.) online through the Arizona state legislature's website. Title 13 of the A.R.S. contains the criminal code. Justifications are in Chapter 4 (beginning with A.R.S. § 13-401). Assault and related offenses are listed in Chapter 12 (beginning with A.R.S. § 13-1201).  Aggravated assault can be found at A.R.S. § 13-1204.

QUESTIONS

  • My step-son was arrested by Phoenix PD on 2 counts of agg. assalt w/deadly weapon. He was protecting his mother from a drunk neighbor who was about to beat his mother up at their front door. He had picked up his rifle and had it in his left hand when he open ed the door to get his mother inside their apartment and away from the drunk. My question is why was he even charged? As an ex-law enforcement officer I would see this a self-defense. The state is now wanting to give him up 25yrs per count. Is there any case histories that a ruling would apply this case to self-defense.

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