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Current as of March 28, 2024 | Updated by Findlaw Staff
(a)(1) A person is justified in using physical force upon another person to defend himself or herself or a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force by that other person, and the person may use a degree of physical force that he or she reasonably believes to be necessary.
(2) However, the person may not use deadly physical force except as provided in § 5-2-607.
(b) A person is not justified in using physical force upon another person if:
(1) With purpose to cause physical injury or death to the other person, the person provokes the use of unlawful physical force by the other person;
(2)(A) The person is the initial aggressor.
(B) However, the initial aggressor's use of physical force upon another person is justifiable if:
(i) The initial aggressor in good faith withdraws from the encounter and effectively communicates to the other person his or her purpose to withdraw from the encounter; and
(ii) The other person continues or threatens to continue the use of unlawful physical force; or
(3) The physical force involved is the product of a combat by agreement not authorized by law.
(c) A person who uses or threatens to use physical force as otherwise permitted under this subchapter does not have a duty to retreat before using or threatening to use the physical force if the person is:
(1) Lawfully present in the location;
(2) Not engaged in criminal activity that gives rise to the need to use physical force; and
(3) Not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined under § 5-74-103.
Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-2-606. Use of physical force in defense of a person - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-2-606/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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