Arizona law threatening and intimidating
These charges can be upgraded to a class three felony if the purpose of the threats or intimidation is to promote or induce someone to participate in gang activity or a racketeering enterprise.What are the Penalties for Threatening or Intimidating Someone in Tempe?Having an attorney on your side like James Novak, could make all the difference in the outcome of your case.With a practice entirely devoted to criminal defense, James Novak has the knowledge and resources to help ensure that your case is adequately prepared.Threatening or intimidating is usually charged as class 1 misdemeanor under ARS 13-1202(A)(1).In rare cases, it’s charged as a class 6 felony if alleged that the defendant made the threat in retaliation to a victim reporting criminal conduct.If there are other charges present, the importance of having a strong defense is even more paramount. This is also the case when this conduct is committed by a “criminal street gang member.” Threatening or intimidating in order to promote a gang or crime group can be a class 3 felony.
In other words they’re typically “he said, she said” cases.
Getting the right legal defense against threatening and intimidation firsts starts with understanding its definition.
According to Arizona Revised Statute 13-1202, threatening or intimidating can include: Most often, the victim of threatening or intimidating conduct has a unique, subjective view of the situation.
Unlike other crimes, it is not clear when someone is or is not threatened or intimidated, as it is a personal, rather than objective, state. 13-1202 states that the penalty for injuring someone or damaging another’s property out of intimidation can be a class 1 misdemeanor.
Because of this, the legal defense for threatening and intimidation charges must be aggressive and unwavering. If that conduct is done in retaliation for someone reporting criminal conduct, such as assault or domestic violence, this can become a class 6 felony.
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A class one misdemeanor charge for threatening or intimidating someone is punishable by up to six months in jail, and/or a fine of up to $2,500.