tonguengroover wrote: Sat Dec 10, 2022 3:09 pm
Ike I said there's numerous instances in AZ where thieves have been shot and killed on private property.
One was just last year and the perp wasn't armed. No charges.
https://www.orentcriminallaw.com/blog/c ... al-my-car/
What Should I Do if I am Charged with Murder?
Using deadly force to shoot an intruder entering your home may be justified under Arizona’s Castle Doctrine and self-defense statutes. However, shooting someone who is stealing your car from your driveway may result in a murder charge.
If you use deadly physical force and you are charged with murder or another crime, it is vital that you seek legal advice immediately. Arizona self-defense laws are complicated. They involve proving what a reasonable person would do, which can be tricky.
If you claim self-defense, it is up to the state to prove beyond a reasonable doubt that a reasonable person would not have taken the same action to protect themselves or another person. However, juries are unpredictable
In 2018, the Ohio House and Senate voted to override the Governor’s veto of House Bill 228. The bill places the burden of disproving a self-defense claim on the prosecution. Additionally, some states (including Arizona, Arkansas, California, Florida, Kansas, Kentucky, Louisiana, Mississippi, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Wisconsin, and Wyoming) have replaced the common law “reasonable person” standard, which placed the burden on the defendant to show that their defensive action were reasonable, with a “presumption of reasonableness,” or “presumption of fear,” which shifts the burden of proof to the prosecutor to prove a negative.
https://www.ncsl.org/research/civil-and ... round.aspx
Self-defense laws in at least 23 states (Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, Montana, New Hampshire, North Carolina, North Dakota, Oklahoma, Ohio, Pennsylvania, South Carolina, Tennessee West Virginia and Wisconsin) provide civil immunity under certain self- defense circumstances. Statutes in at least six states (Hawaii, Missouri, Nebraska, New Jersey, North Dakota and Tennessee) assert that civil remedies are unaffected by criminal provisions of self-defense law.
One could be exonerated in a self defense shooting and still be ruined financially by a civil law suit.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan