Theft is the taking of the property of another person with the intent to permanently deprive the owner.  Theft can be achieved by various means, and some are more serious than others.  For example, robbery (taking by force) is considered a more serious offense than shoplifting because of the fear and violence associated with the former.  Similarly, theft by extortion is treated seriously because of the nature of the crime, even if the value of the stolen property is lower.

More about Arizona Theft Crimes

ARIZONA THEFT BY EXTORTION LAW
Pursuant to ARS 13-1804, a person commits the crime of theft by extortion by taking another's property (or services) by threat.  The most serious crime is a threat to commit a future violent act upon any person by using a dangerous or deadly weapon or threatening to kill another person (Class 2 felony).  A threat to commit any other violent act upon another person, damage property, commit a crime, accuse someone of committing a crime, expose a secret (whether true or false), take or withhold action as a public servant, cause anyone to part with property, and more (Class 4 felony).  In short, threatening other people to take their property or not pay for a service is a serious crime.  As a Class 2 felony, extortion is punishable by up to 12.5 years in prison for a first offense; as a Class 4 felony, extortion is punishable by up to 3.75 years in prison.  Those with prior felony convictions face even greater possible punishment.

DEFENSES TO THEFT BY EXTORTION
Theft by extortion has some of the same common defenses as most crimes, particularly other theft offenses.  Some of the most common defenses to theft by extortion include:

• False Accusations - The very nature of threats is that they are often made by and between individuals who have a contentious relationship (e.g. ex-lovers, sworn enemies, etc.).  Just because an alleged victim claims to have been threatened does not mean that it actually happened.
• Lack of Threat/Intent to Threaten - Words are not always intended to have the same meaning as the listener may interpret them.  For example, "I'll kill you if you don't share your fries with me" has a very clear plain meaning, but similar language is often used without an intent to convey an actual threat.  NOTE:  The taking may still be a crime, just not extortion.
• Lawful Threats - A person may lawfully threaten legal action or reporting of a crime unless their property is returned or they are paid back for a financial harm incurred by the unlawful act of another person.  This will not apply to justify threats of violence, and demands for payment of money owed must be done properly.
• Lack of Intent to Permanently Deprive - Theft requires an intent by the taker to permanently deprive the owner of property.  Borrowing property with the intent to use it and return it is not theft, and therefore not theft by extortion.
• Mistaken Identity - An actual crime victim may mistakenly identify the wrong person, or police may identify the wrong person as the perpetrator of a crime.  Cases of mistaken identity are particularly common in robbery cases, but can occur in extortion cases as well.
• Constitutional Violation - Evidence (statements or physical evidence) obtained in violation of the Defendant's Constitutional Rights may not be used against them in court.  If a defendant confesses during a custodial interrogation without having been read their rights, or if police unlawfully go through a defendant's phone to obtain incriminating statements, the evidence should be suppressed.

RELATED OFFENSES

• Robbery - Taking of the property from the person of another by force or threat of force.
• Theft by Misrepresentation - Taking of the property of another by fraud.
• Bribery - Offering money to a public official with the intent to influence their decision.

EXAMPLES OF EXTORTION

• Threatening to accuse someone of sexual assault unless given a job
• Threatening to expose an affair unless paid $5000
• Threatening to damage a person's property if they do not agree to give it to you

Extortion is not the most common crime, but it is a serious offense.  If you or a loved one has been arrested, charged, indicted, or is under investigation for theft by extortion, or related theft offenses, contact the Tucson Defenders today for a FREE CONSULTATION with a Tucson Criminal Defense Lawyer.  520-585-5757.

Under traditional common law, Rape was the crime of engaging in sexual intercourse without consent of that person, by use of force or fear.  Many US jurisdictions retain this crime in their criminal law statutes, and punish forcible rape among the most harshly punished offenses.  In Arizona, the crime of sexual assault is very severely punished, but does not require the element of force or fear.  Sexual assault cases involving violence are punishable by life in prison.  Prosecuting agencies in Arizona (and across the nation) have begun to place a greater emphasis on prosecuting sex crimes, including sexual assault, violent sexual assault.  More than ever, those facing sexual assault accusations, even prior to being arrested or charged, need the help of an experienced criminal defense attorney by their side.  Contact the Tucson Defenders today for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757.
*HANDLING SEXUAL ASSAULT AND RAPE CASES THROUGHOUT AZ, CA, AND TX

ARIZONA SEXUAL ASSAULT STATUTE
Pursuant to ARS 13-1406, sexual assault is committed "by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person."  A Class 2 felony, a first offense is punishable by up to 14 years in prison, and is not eligible for probation or suspension of sentence.  For defendants with prior historical felony convictions, the penalties are even greater.  Additional enhancements exist for cases involving:

• "Date rape" drugs - "intentional or knowing administration of flunitrazepam, gamma hydroxy butyrate or ketamine hydrochloride without the victim's knowledge" (additional 3 years),
• Serious physical injury - "if the sexual assault involved the intentional or knowing infliction of serious physical injury, the person may be sentenced to life imprisonment"
• Child victims - "sexual assault of a minor who is twelve years of age or younger or sexual conduct with a minor who is twelve years of age or younger shall be sentenced to life imprisonment."

ARIZONA VIOLENT SEXUAL ASSAULT STATUTE
Pursuant to ARS 12-1423, violent sexual assault cases are treated even more seriously.  This includes crimes involving the use of dangerous or deadly weapons, or the intentional or knowing infliction of serious physical injury.  Those convicted of violent sexual assault in Arizona are sentenced to serve the remainder of their natural life in prison, and may not be released under any circumstance (with the exception of appeals and other post-conviction relief that would vacate the conviction).

SEX OFFENDER REGISTRATION
While the primary concern for individuals facing sexual assault or violent sexual assault charges is avoiding very lengthy prison sentences, it is also important to note that conviction of sex offenses in Arizona typically carries mandatory sex offender registration.  In terms of a negotiated plea, whether a defendant must register as a sex offender should be a major point of emphasis.  Anyone considering entering into a plea deal in a sex case should discuss registration with their attorney.

FEDERAL SEXUAL ASSAULT CHARGES
Sexual assault cases are most often filed in state court, but under certain circumstances, federal prosecutions are possible.  A rape or sexual assault crime may be prosecuted in Federal Court in any of the following circumstances:

• The offense involved crossing state lines
• The offense took place on federal property (including national parks, federal government buildings, federal prisons, etc.
• The offense was committed against a federal government officer or employee.

DEFENSES IN SEXUAL ASSAULT CASES
Sexual assault cases are unique in that there are rarely witnesses other than the alleged victim.  Years ago, sexual assault and rape prosecutions in "date rape" scenarios were uncommon; today, they make up the vast majority of sexual assault prosecutions.  As the nature of sexual assault prosecutions has changed, so have the main defenses.  For example, mistaken identity used to be the most common defense when most prosecutions involved a perpetrator who was a stranger to the victim.  Now, consent and false accusations are more commonly asserted as defenses, as cases typically involve a defendant the alleged victim knows.  Some of the most common defenses in Arizona sexual assault cases include:

• Consent - if the alleged victim actually consented to the sexual act, it is not sexual assault.  Remorse after the fact is not the same as not consenting at the time.
• Mistaken Belief of Consent - in cases where the alleged victim claims that they did not consent to sex, but did not express the lack of consent, the defendant may assert a mistaken belief of consent defense.
• Mistaken Identity - if the defendant is someone who is a stranger to the victim, there may have been a mistake leading to the arrest and prosecution of the defendant.  This can be due to poor eyewitness identification or the innocent presence of fingerprints or DNA.
• No sex took place - if there was no intercourse or oral copulation, then there was no sexual assault.  The state must prove (beyond a reasonable doubt) that one of these sexual acts happened.  In cases with delayed reporting and/or a hazy memory, this defense may be a strong one.
• False Accusation - Here, the argument would be that the alleged victim is lying - either lying about what happened or lying about their consent at the time. 

Each case is different.  Knowing which defenses apply, and which ones may be viable at trial require a keen understanding of criminal law and experience doing criminal trials.

RELATED OFFENSES

• Sexual Abuse - ARS 13-1404
• Sexual Conduct with a Minor - ARS 13-1405
• Unlawful Sexual Conduct - ARS 13-1412, ARS 13-1419
• Continuous Sexual Abuse of a Child - ARS 13-1417
• Sexual Misconduct - ARS 13-1418
• Aggravated Assault - ARS 13-1204

If you or a loved one has been arrested, charged, or is under investigation for a sexual assault or other related sex offense, you need the best possible representation.  Your attorney should not only be well versed in the law, but have experience handling sex cases at every stage.  Contact the Tucson Defenders today for a FREE CONSULTATION with an Arizona sexual assault defense lawyer.  We can discuss the details of your case, help you understand how Arizona law applies, and go through how to best defend you against this very serious accusation.  520-585-5757.