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Old December 6, 2012, 09:39 AM   #116
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,795
Quote:
Originally Posted by ltc444
...In AZ our laws are not as draconian as many of the liberal states. Basically, if we have an intruder we are presumed to be in danger for our lives and we may shot the BG. If we do not administer a coup de grace and we keep our mouths shut we will not be charged. The exception is Pima County and Tucson they tend toward CA rules...
You really need to get your facts straight.

[1] The same presumption applies in many States, including California (California Penal Code 198.5).

[2] As with most similar presumptions they apply only (ARS13-418) if the defender knew or had reason to believe that the person against whom the force was used was unlawfully or forcefully entering, or had unlawfully and forcefully entered, the residence (i. e., he's not you daughter's boyfriend who she sneaked in). So you will still need to put forward evidence of your knowledge or belief to have the advantage of the presumption.

[3] Since this is an Arizona state statute, it applies in Tucson and Pima County.
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