ever since i turned 18 i never went to jailbut im getting charged for murder when it was self defense.

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ever since i turned 18 i never went to jailbut im getting charged for murder when it was self defense.

what would my sentencing be i have a clean record but the person that died had a bad record what will happen?

Asked on April 28, 2009 under Criminal Law, Arizona

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

According to the Arizona Penal Code:

"A person is justified in threatening or using deadly physical force against another:

1. If such person would be justified in threatening or using physical force against the other under section 13-404, and

2. When and to the degree a reasonable person would believe that deadly physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly physical force.

Section 13-404 provides the following:
" A. Except as provided in subsection B of this section, 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.

B. The threat or use of physical force against another is not justified:

1. In response to verbal provocation alone; or

2. To resist an arrest that the person knows or should know is being made by a peace officer or by a person acting in a peace officer's presence and at his direction, whether the arrest is lawful or unlawful, unless the physical force used by the peace officer exceeds that allowed by law; or

3. If the person provoked the other's use or attempted use of unlawful physical force, unless:

(a) The person withdraws from the encounter or clearly communicates to the other his intent to do so reasonably believing he cannot safely withdraw from the encounter; and

(b) The other nevertheless continues or attempts to use unlawful physical force against the person. "

If you can prove justification(self-defense), you may avoid conviction for murder. It may help if the dead person's prior bad record involved violent crimes as it would show your justification for fearing that other person.


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