We often hear about defenses to criminal charges. Probably the most common reference is self-defense, which is defined in A.R.S. 13-404A. Generally, it permits the use of force to protect oneself against unlawful physical force. Less often, a case is reported in which a person charged with a crime claims the defense of entrapment.
What is Entrapment in Arizona?
If you look at a dictionary definition of entrapment, you’ll find, not surprisingly, that it generally means being caught in a trap. While the statutory definition of the defense is a bit more complicated than that, the essence of the legal defense is that you were “trapped” and committed a crime at the urging, or with the support, of law enforcement. A.R.S. 13-206A contains the specifics of the defense, as well as the proofs necessary, to successfully defend against a criminal charge based on entrapment.
- In Arizona, entrapment is an affirmative defense to a criminal charge. The elements of the defense are:
- The origin of the idea of committing the crime came not from the defendant, but from law enforcement (or agents of law enforcement).
- Law enforcement personnel and/or their agents encouraged, urged or otherwise induced the commission of the crime by the defendant.
- Prior to the commission of the crime, and prior to the inducement by law enforcement, the defendant was not “predisposed” to commit the crime in question.
Note that when we refer to entrapment as an affirmative defense to a criminal charge, that means the burden of proving entrapment lies with the defendant. Also, the defense must be proven by “a preponderance of the evidence.” That means proving it was more likely than not that the defendant was entrapped. If the court finds that the defendant was predisposed to commit the offense, or that law enforcement merely provided the opportunity for the commission of the offense, the entrapment defense will not succeed. Finally, to raise the entrapment defense, the defendant must admit to the substantial elements of the crime charged.
Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
(480) 280-8028