Earlier this month, the Arizona Supreme Court was presented with a novel question concerning the defense commonly known as the “Castle Doctrine.” The essence of the doctrine is that you may use force, including deadly force, in order to attempt to prevent or end the commission of criminal trespass into or on your premises. And the act may, if upheld, be a defense (self-defense or justification”) to a claim of assault or homicide raised by or on behalf of the intruder.
While Arizona is just one of many states with similar laws on the books, the situation in this case was a bit different because the victim of the attack was invited into the home by one of the legal occupants!
The facts are as follows: Mr. Brown and his partner resided together in a condominium. The victim had previously been barred by Brown from entering the home. Nevertheless, the other occupant invited the alleged victim, M.H., into the condo while Brown was at work. When he returned from work and found M.H. in the condo, Brown went into his bedroom and locked the door. M.H. and Brown’s partner proceeded to forcibly enter Brown’s locked bedroom door. In the process of attempting to keep the pair out of his bedroom, Brown swung a microphone stand and hit M.H. in the face.
Brown was charged with and tried for the assault, raising several defenses, including defense of premises, i.e., the Castle Doctrine (A.R.S. 13-407). The trial court refused to instruct the jury on the defense, and Brown was convicted of aggravated assault. He received a 5-year prison sentence. The Arizona Court of Appeals affirmed the decision.
On further appeal, the Arizona Supreme reversed. The primary issue, of course, was the fact that M.H. entered the condominium legally, and not, as the statute says, unlawfully. However, the Supreme Court held that the locked bedroom door was itself a “residence” within the meaning of the justification law. The case has been remanded for a new trial. No word yet on whether the state will seek a retrial. In meantime, the Castle Doctrine in Arizona might now rightfully be called the “room doctrine.”
Law Offices of David A. Black
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Phoenix, AZ 85004
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