A 57-year-old grandfather shot and killed a man who was attempting to rob a dollar store in Jacksonville, Florida on Monday, Aug 27. The man was shopping in the store around 9PM when two armed robbers came in; one of them grabbed the store clerk while the other went for the cash register. The man then shot and killed one of the two robbers while the other thief fled the scene.
No charges are pending against the man, who has a concealed weapons permit. If the same situation were to happen in Arizona, could the man be charged with murder?
A.R.S. 13-405 explains when the use of deadly physical force can be justified:
-When a reasonable person believes that deadly physical force is necessary to protect themselves against another’s use of unlawful deadly physical force.
In the case of the Florida man, it is unclear whether or not he felt that his own safety was in danger when he shot the robber. Proving that someone felt it necessary to use deadly physical force is difficult, especially when there are no witnesses. In Arizona, this man could receive charges if an investigation was ruled and authorities found a lack of justifying evidence.
If you have recently had to use physical or deadly physical force to protect yourself or your family in Arizona, it is highly suggested that you retain the guidance of an experienced criminal defense attorney immediately. In the event that criminal charges are placed against you, you will want knowledgeable legal representation to protect you in court.