If I have a fight outside my apartment and choose to use a non-lethal weapon to attempt to break up this fight, what may happen to me?

The non lethal form is RAP4 10X normal strength pepper balls.

Asked on October 23, 2013 under Criminal Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

Arizona recognizes the defense of a third person as a legitimate defense to a charge of criminal assault.  The statute is ARS 13-406.  So if you reasonably believe that one of the people in the fight is using deadly or otherwise unlawful physical force against the third person you are protecting, you will be able to assert the defense of third person defense.  However, if you injure somebody that person may sue you for the intentional tort of civil assault, and it will be your word against his -- preponderance of the evidence, rather than proof beyond a reasonable doubt.

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