Arizona Appeals Court Clarifies How Justification Defenses Must Be Requested at Trial

If you are facing a weapons misconduct or assault charge in Arizona and believe your actions were justified, your ability to raise that defense later depends entirely on what was requested at trial. A June 2025 decision from the Arizona Court of Appeals explains how justification defenses must be preserved and what happens when defense attorneys fail to ask for the right jury instructions.

In State v. Larriba-Tucker, the court reviewed a weapons misconduct conviction where the accused believed the conduct was justified. The trial attorney requested one type of justification defense instruction but did not ask for another, closely related instruction. On appeal, the defense argued that the court should have given the second instruction anyway. The appellate court rejected that argument and explained that unless a specific instruction is requested, the trial court has no obligation to provide it, even if it seems relevant.

This ruling makes clear that when you are accused of a violent offense, your defense lawyer must request every applicable jury instruction by name. If that step is missed, you may lose your ability to raise that defense on appeal.

What the Court Said About Justification Instructions

Arizona law allows individuals to use force in limited situations, including in defense of property, self, or others. These are known as justification defenses. They are codified in Arizona Revised Statutes Title 13, Chapter 4. Some of the most commonly used justification statutes include:

• Use of force in self-defense;
• Defense of a third person;
• Defense of premises;
• Use of force to prevent certain crimes; and
• Necessity defense.

In Larriba-Tucker, the accused requested a justification instruction under one of these statutes but did not request an instruction under Section 13-417, which covers the necessity defense. On appeal, the defense argued that the trial court should have instructed the jury on necessity even without a formal request.

The court rejected this argument and held that when a justification defense is not requested, the trial judge is not required to give that instruction. The only exception would be if the failure to provide the instruction amounts to a fundamental error, which the court did not find in this case. The appellate panel emphasized that requesting one justification theory does not automatically preserve others.

Why the Right Jury Instruction Can Change the Outcome

When a case goes to trial, the jury receives instructions that explain the law they must apply to the facts. If a justification defense applies but the jury never hears about it, the accused may be convicted for conduct that the law allows. In violent offense cases, this can mean the difference between a lengthy prison sentence and an acquittal.

Arizona trial judges only provide instructions that are supported by the evidence and properly requested. If your attorney fails to ask for the correct instruction, the judge will not offer it. This can seriously harm your defense, especially if the prosecutor frames your conduct as unreasonable or unlawful.

Once the trial ends, the chance to fix that mistake is limited. The appellate court in Larriba-Tucker made clear that failing to request a justification instruction means the court will not consider it on appeal unless there is a showing of fundamental error. That is a much harder standard to meet.

What You Should Do If You Acted in Self-Defense or Out of Necessity

If you used force because you were trying to prevent a crime, defend yourself, or protect your property, your case may involve a valid justification defense. But simply explaining your actions to the police or testifying at trial is not enough. Your attorney must connect those facts to the right legal statute and make sure the jury is instructed on that law.

At trial, every justification instruction must be requested clearly and supported by specific facts. Your lawyer should file written requests and argue for inclusion during pretrial conferences and the final instruction conference. This preserves your rights both during the trial and on appeal.

Call an Arizona Criminal Defense Lawyer Who Understands Justification Defenses

If you are facing weapons misconduct or assault charges in Arizona and believe your actions were justified, do not leave your defense to chance. The jury will only consider justification if your attorney requests the correct instructions and ties your actions to the proper statute. At The Law Office of James E. Novak, we prepare each case with full attention to trial procedure and jury instruction strategy. Attorney Novak uses Arizona law to protect your right to a fair defense.

Call (480) 413-1499 today to schedule your free consultation. You will receive clear advice about your charges and how to make sure your side of the story is presented accurately and completely in court.