In Arizona, burglary involves three degrees of transgression: third degree refers to entering or remaining unlawfully in or on a non-residential structure, or in a fenced commercial or residential yard; second degree burglary refers to entering or remaining in or on a residential structure with intent to commit theft or felony. And first degree burglary refers to such crimes when the perpetrator possesses deadly weapons or explosives.
Regardless of the type of burglary being undertaken, a property owner or resident is allowed in the state of Arizona to enact the Castle Doctrine in defense of that property. This legal doctrine means that a person’s home or occupied vehicle or place of work, contains certain protections that may constitute circumstances where deadly force is allowable in defense of the property.
And the use of such deadly force in self-defense can be made without the resident being liable to prosecution by law.
Technically, the doctrine is not a defined legal term, but rather a collection of legal principles that can be employed in the state of Arizona. The term originates with the historic English common law expression established in the seventeenth century, that “an Englishman’s home is his castle.”
A Colorado statute illustrating contemporary employment of the Castle Doctrine was termed the “Make My Day Law” which protects people from any criminal charge or civil suit when using any force, including deadly force, against home invaders.
To employ the Castle Doctrine in Arizona, a resident or property owner must find an intruder who has made or is attempting to make unlawful entry into an occupied residence, vehicle, or business.
This intruder must be acting in an illegal fashion, as the Castle Doctrine does not apply to using force against law enforcement agents.
The property owner or occupant must also reasonably understand that the intruder intends to inflict harm to the occupant or perpetrate a felony such as arson or burglary.
When enacting the Castle Doctrine to preserve property and prevent self-injury, a home owner who has been subject to an intrusion is also provided immunity from any lawsuit filed on behalf of the assailant for damages or injury.
Arizona’s Castle laws also remove any legal requirement of retreating before using deadly force in one’s home.