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Question: What is the difference between assault and self-defense?

Answer: Both assault and self defense relate to injuring another person. Assault deals with the act itself, and self defense deals with making an excuse for the act.

Arizona laws define assault as: causing any physical injury to another person [either intentionally, knowingly, or recklessly]; intentionally placing another person in understandable fear of receiving a physical injury; or knowingly touching another person with the intent to injure, insult or provoke such person. If you commit any of these, you have committed assault [A.R.S. § 13-1203]

If you committed the act of assault, you may not be found guilty if you have a legal excuse for committing the act. This is where self-defense comes into play. Arizona laws say that 'a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful physical force.' Basically, that means if another person is about to assault you, you may defend yourself from that attack. Your defensive act, although an assault itself, may be excused in these situations.

Keep in mind that the excuse of self defense does not apply in response to verbal [spoken] words alone, while resisting arrest from the police [regardless of the legality of the arrest], or if you did something to make that person assault you [unless you take back whatever it is you said/did to make that other person assault you AND that other person still tries to use unlawful physical force against you].


Comments
1 thru 5 of 14 comments
On 08/18/08
alex from AZ said:
If the person that hit you trhows the first punch is it self defense to hit them back?
On 05/16/07
Leshia from AL said:
I was arrested for assault. The lady stop and jump in front of my car block me off. cuse me out then I got out the car and hit her
On 07/02/06
J. C. from TX said:
Question: At what point in "self defense" does the act turn into assault? Example: Someone threatens you and you hit him and he is out cold. Can you continue to beat him to the point of him choking on his own blood and requiring medical help. Is this "self defense"?
On 02/07/06
Joe from AZ said:
What if a guy calls your girlfriend a bi---, and you shove him in the shoulder and tell him not to call her that? Is the action justified in any way?
On 06/04/04
Aaron from WI said:
If a person was verbaly assulting you and the threw rocks at you would you have the right to make them stop even if they are half your size
1 thru 5 of 14 comments



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