Arizona Threatening or Intimidating Defense Lawyer

There are limitations on the Constitutional right to free speech, and in some cases, mere speech is punishable as a crime.  Criminal charges involving threats of death or violence against others are taken seriously by law enforcement, and punished harshly in courts of law.  It is not necessary that anyone be harmed, or even frightened, for a person to be convicted of a crime.  Threats can be communicated in a variety of ways, including verbally in person, over the phone, e-mail, text messaging, and increasingly on social media.  Conduct, with no words at all, can also constitute threatening or intimidating, from pointing to a weapon, to as little as making a fist.

If you or a loved one has been arrested, charged, or is under investigation for a threat allegation, contact the Tucson Defenders to discuss your case for free with a Tucson Criminal Defense Lawyer.  Consultations are no obligation, and can help you to better understand the law, and how it applies to your situation.

FREE CONSULTATIONS   520-585-5757

ARIZONA THREATENING AND INTIMIDATING LAW AZ Threatening Statute (ARS 13-1202)
Arizona state law punishes most criminal threats cases as Class 1 Misdemeanors.  Though not a felony, Class 1 Misdemeanor charges carry the possibility of jail time, probation, fines, and the stain of a criminal conviction.  A conviction for threatening or intimidating could have far-reaching effects in efforts to obtain employment, housing, professional licenses, in custody disputes, and more.  Threats made with the specific intent of furthering the activities of a criminal street gang are treated much more seriously, and are punishable as a Class 3 Felony (carrying a presumptive term of 3.5 years in prison, and can carry up to 8.75 years). 

Although Arizona's threatening and intimidation statute provides that threatening, when committed by a gang member, is elevated to a Class 6 Felony, the Arizona Supreme Court ruled that part of the statute to be unconstitutional.  Gang members can still be charged with felonies for threats, but prosecutors must prove that the threat was made in order to promote or further gang activity, and not solely for personal reasons.  Of course, many gang cops and prosecutors are of the opinion that all threats (or all violent crimes for that matter) serve to promote a gang's reputation for violence, and will seek the most serious charges when dealing with gang members. 

One need not be a gang member to be charged with threatening or intimidating, and no one should take these charges lightly.  Additionally, threatening and intimidation charges are often charged alongside other charges, some even more serious.  With your liberty and your record at stake, you want the best chance to avoid a conviction, or otherwise get the best result possible.

RELATED CHARGES
Domestic Violence, Assault Crimes, Weapons Offenses, Robbery, Criminal Damage, Kidnapping, Harassment, and more (ALL PRACTICE AREAS)

WHEN CAN A THREATENING CASE BE FEDERAL? (More on Federal Criminal Defense)
Arizona has some strict criminal laws, but one of the most glaring differences in possible punishment for a criminal case in Arizona state court versus federal court is when it comes to threats.  While most Arizona state cases are punishable as misdemeanors, federal threat charges can be punishable by up to 20 years in prison.  Threats can result in federal charges when made via interstate or international communications, or when made against federal officers. 

DEFENSES IN THREATENING AND INTIMIDATION CASES

• False Accusations - There was no threat made.  This can happen when a person uses a false police report to harm someone they are angry with, or dislike.  Casting doubt about an accusation requires investigation, strong cross-examination skills, and more.
• Mistaken Identity - While many crimes risk false convictions due to mistaken identity, this is especially prevalent in today's threatening cases because it may not be easy to prove who actually wrote a text message or social media post.
• Vagueness - A vague statement like "you're gonna get what's coming to you" or the like may not be enough to convict someone.  Because we have a constitutional right to free speech, laws that restrict speech must be careful not to restrict more speech than necessary to meet a compelling state interest.
• Self-Defense - Threatening physical force to defend oneself from imminent physical harm is permissible under Arizona law.  Charges may still be filed, and self-defense arguments may have to be made at trial.
• Lack of Evidence - Many threatening cases are based on uncorroborated accusations, and often have no witnesses other than the defendant and alleged victim.  Although the testimony of a single witness is legally sufficient to convict, a jury may be hesitant to do so, especially if the cross-examination of the complaining witness pokes holes in their story and credibility.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED, CHARGED WITH A CRIME, OR MAY BE UNDER INVESTIGATION IN CONNECTION WITH AN ACCUSATION OF THREATENING OR INTIMIDATION, CONTACT THE TUCSON DEFENDERS TODAY FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY.  520-585-5757.

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ARIZONA STATE CRIMINAL LAW LINKS:
Pima County Superior Court
Tucson City Court
Pima County Justice Court
Pima County Sheriff Inmate Locator
Tucson Police Department
Pima County Sheriff

FEDERAL CRIMINAL LAW LINKS:
US District Court - Arizona (Tucson)
BOP Inmate Locator
Drug Enforcement Administration ("DEA")
Bureau of Alcohol, Tobacco and Firearms ("ATF")
Customs and Border Patrol ("CBP") Tucson
Federal Bureau of Investigation ("FBI")