Domestic Violence

questions & answers

Question: My boyfriend stole my phone while I was talking to my father. He was angry at me. I walked after him and asked for my phone back, reaching for it. Did I have the legal right to reach and grab for my personal property back?

Answer: Arizona Revised Statue 13-408 outlines the force a person may use to recover stolen property. 13-408. Justification; use of physical force in defense of property A person is justified in using physical force against another when and to the extent that a reasonable person would believe it necessary to prevent what a reasonable person would believe is an attempt or commission by the other person of theft or criminal damage involving tangible movable property under his possession or control, but such person may use deadly physical force under these circumstances as provided in sections 13-405, 13-406 and 13-411. For information on what constitutes theft, see A.R.S. 13-1802: http://www.azleg.state.az.us/ars/13/01802.htm