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Phoenix Defense for Criminal Threats
Experienced Criminal Defense for Threatening and Intimidating Charges in Phoenix, AZ
It’s scary to think that something you say or do in the heat of the moment or out of anger could result in serious criminal charges, but if you make genuine threats or try to intimidate another person, you could be charged with a crime in Arizona. At Bufete de abogadas Belén, we understand that making threats or intimidating others could result in a serious offense, which is why we’re here to help defend you against these charges.
If you’ve been accused of threatening or intimidating someone, you need a violent crime defense lawyer in Phoenix to help you understand your legal rights and the potential penalties you may be up against. Whether the charges stem from verbal threats, electronic communications, or threats made to further criminal activity, our experienced attorneys will examine the details of your case to build a solid defense.
Don’t leave your freedom up to chance–call (602) 715-0908 to schedule your free consultation with a member of our legal team.
What is Considered a Threat?
Under Arizona law, a threat is defined as a communicated intention, either through words or actions, to cause physical harm to another person or damage to their property. Threats can also involve creating serious public inconvenience, such as forcing the evacuation of a building, verbally threatening physical force, or engaging in conduct that instills fear of harm.
Additionally, Arizona outlaws both direct and implied threats, as long as they are made knowingly and could reasonably cause fear in the person targeted.
Is Verbally Threatening Someone a Crime?
Sí, verbally threatening someone can be a crime under the Arizona criminal code if the threat meets certain criteria.
Some examples of potentially illegal threats include:
- “You better listen to me, or I’ll make sure you get hurt.”
- “I’ll slash your tires and smash your windows.”
- “If you tell anyone about this, I’ll make sure you regret it.”
- “Do everything I say, or your family is going to get it.”
- “There’s a bomb in this building.”
As long as the verbal threat is seen as a genuine threat by the alleged victim, it could result in criminal charges.
What is Considered Intimidation?
Under Arizona law, intimidation involves using words or conduct to instill fear in another person, either to compel certain behavior or to cause emotional distress. This often involves actions intended to make someone feel like they are in danger of harm or to pressure them into acting against their will.
Intimidation is evaluated based on the intent behind the behavior and its impact on the person targeted.
Can You Go To Jail for Threatening Someone?
Sí, you could potentially go to jail for threatening someone in Arizona. While everyone in the United States has a right to free speech, not all forms of speech are protected. For example, threats of violence or “fighting words” that might elicit a violent reaction from someone are not protected and could result in criminal charges.
What are the Charges for Threatening Someone?
In Arizona, there are various criminal charges that could apply to threatening and intimidating others. Below are the Arizona statutes relating to criminal threats against others.
ARS 13-1202
Arizona’s threatening and intimidation statute can be found under ARS § 13-1202. Under this statute, threatening or intimidating involves using words or actions to threaten physical injury or property damage, or to cause serious public inconvenience, like the evacuation of a building.
It also includes threats of violence or damage to property in order to coerce someone to be involved in criminal street gang activities. To commit this offense, a person must intentionally or recklessly make a threat, either verbally or through conduct.
Depending on the circumstances, it can be charged as a Class 1 misdemeanor or elevated to a Class 6 or even Delito grave de clase 3 if the act is gang-related, retaliatory, or involves solicitation for a racketeering enterprise.
ARS 13-2916
ARS § 13-2916 criminalizes the use of electronic communications to intimidate, threaten, terrify, or harass another person. The offense involves knowingly using electronic communication to direct obscene language, issue threats of unlawful physical force, disturb someone’s peace through repeated unwanted contact, or share personal information to incite harassment. These charges are common in domestic violence cases when people harass their former partners over text or other electronic communications.
In order to be charged with this crime, the prosecution must be able to prove intent to harass or intimidate. The use of electronic communication to threaten or harass others is charged as a Delito menor de clase 1 en Arizona.
ARS 13-2308.02
Debajo ARS § 13-2308.02, it is illegal for individuals to make terrorist threats or falsely report acts of terrorism, regardless of intent or ability to carry them out. The statute also holds offenders financially responsible for expenses incurred by emergency responses or investigations. This offense is classified as a Class 3 felony, due to the serious nature of terrorist threats.
ARS 13-3004
Lastly, ARS § 13-3004 criminalizes sending threatening or anonymous letters intended to accuse someone of a crime, expose personal failings, or create distrust by imputing dishonesty, immorality, or other offenses.
To violate this statute, a person must knowingly send or deliver such a letter or writing, whether signed or anonymous. This offense is classified as a Delito menor de clase 2 en Arizona.
Aggravating Factors in Threatening and Intimidation Cases
If you’re charged with a threatening or intimidating crime, you may also be subjected to aggravating factors, depending on the intent of the alleged crime and the context in which it occurred. For example, threats made to retaliate against someone for reporting a crime or those associated with gang activity elevate the offense to a felony under ARS 13-1202.
Additionally, someone could face additional punishments if charged with other crimes along with threats and intimidation. For example, if the threats involve the intent to commit terrorism, promote racketeering, or coerce someone into criminal activity, they may lead to more severe charges such as terrorism, extortion, or racketeering.
Actions like physically acting on a threat, using a weapon, or targeting specific protected individuals (e.g., public officials or witnesses) can result in additional criminal charges such as asalto, asalto agravado, or obstruction of justice. If the alleged victim was a family member or other household member, the threats could also be charged as a domestic violence offense.
These related offenses often carry harsher penalties and may be charged alongside the original threat or intimidation.
How Long Can You Go To Jail for Threatening Someone?
The potential jail time for threatening someone in Arizona depends on the classification of the offense. The jail times for making criminal threats and intimidating others include:
- Delito menor de clase 2: Up to 4 months in jail (sending threatening or anonymous letters)
- Delito menor de clase 1: Up to 6 months in jail (making general threats without aggravating factors)
- Delito mayor de clase 6: Up to 2 years in prison (making threats in retaliation for reporting criminal activity or involving a criminal street gang)
- Delito grave de clase 3: Up to 8.75 years in prison (making threats connected to promoting gang activity or a racketeering enterprise; making a terrorist threat)
UN Abogada de defensa criminal en Phoenix at our firm can evaluate your situation and help determine whether you’re facing misdemeanor or felony charges.
Why You Need an Experienced Criminal Defense Attorney for Arizona Threat and Intimidation Charges
An experienced criminal defense attorney is essential when defending against threat and intimidation charges, as these cases often involve complex legal elements, such as proving intent and evaluating the context of the alleged threats.
A skilled attorney can assess the evidence, challenge the prosecution’s case, and identify potential defenses, such as lack of intent or freedom of speech. In Phoenix, defense for criminal threats and intimidation can include arguments such as:
- Lack of intent to threaten or intimidate
- False accusation or misunderstanding
- Protected speech under the First Amendment
- No actual fear or harm caused to the victim
- Claim of self-defense or defense of others
- Lack of credibility or reliability of the victim’s testimony
- Absence of physical evidence of the criminal conduct
- No imminent or credible threat posed
Your Arizona criminal defense lawyer can also help minimize the penalties by negotiating reduced charges or alternative sentencing options for the alleged threat.
Charged With Threatening or Intimidating? Call the Phoenix Criminal Defense Lawyers at Belén Law Firm Right Away
Si eres facing threatening and intimidation charges in Phoenix, AZ, you need an experienced criminal defense attorney who can protect your rights and help minimize the consequences of your case. At Belén Law Firm, we understand how serious these charges can be and the potential impact they may have on your future.
Dirigido por Abogada Belén Olmedo Guerra, our firm is dedicated to providing you with the personalized legal representation you deserve. We can help you understand the severity of the charges you’re facing, evaluate the evidence in your case, and build a strong defense on your behalf. All the while, we’ll be protecting your rights every step of the way.
Contact the Phoenix criminal defense lawyers at Belén Law Firm at (602) 715-0908 o contáctenos en línea para programar su consulta gratuita hoy.
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