A number of defenses are recognized under Arizona law. Some of these are specific to certain types of cases, while others can apply broadly to many different offenses. Here are some of the defenses:
Alibi
An alibi is a claim that one was elsewhere when a criminal act is alleged to have taken place. One may offer witnesses or other pieces of evidence in support of the alibi.
Duress
A person may argue that they were coerced into doing the act by force or threat.
Self-Defense
Arizona has a “stand your ground” statute, which states that you are not required to retreat before threatening to use or using force in self-defense as long as you have a legal right to be there and are not committing a crime.
Insanity Defenses
In Arizona, the defense of insanity is also a possible defense. To effectively assert this defense, the defendant must show that, at the time the criminal act was committed, they were suffering from a severe mental illness or defect that prevented them from understanding that what they were doing was illegal.
Entrapment
Entrapment in Arizona happens when police induce someone into committing a crime that they otherwise would not have.
Intoxication
In a few instances, Arizona law accepts both voluntary and involuntary intoxication as a defense. Involuntary intoxication can be a defense to all crimes, whereas voluntary intoxication can be a defense to acts involving a specific intent.
Mistake of Fact
When the defendant was honestly wrong about facts that, if true, would form a defense to the criminal accusations, this defense is recognized.
Justification Defenses
This is a more generic word for defenses in which the defendant admits to doing the act but claims it was justified under the circumstances. Justification defenses include self-defense, defense of others, and defense of property.
Consult a Criminal Attorney for your Defenses
Like most U.S. states, in Arizona, the burden of proof in a criminal trial rests on the prosecution. They must prove beyond a reasonable doubt that the defendant committed the crime. The prosecution presents its case first, followed by the defense. Both sides have the right to cross-examine witnesses.
If you cannot afford an attorney, one will be provided for you by the court in criminal proceedings in Arizona. The defendant must qualify as “indigent,” which means they do not have the financial means to hire an attorney. Because the regulations for evaluating indigency and the processes for assigning public defenders varies by jurisdiction within Arizona, the exact process could differ based on the particular court handling the case.