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Speak Up! - View Question #572 |
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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].
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