Is Threatening Someone a Crime in Arizona?

It is a crime to intimidate or threaten violence under Arizona’s Threatening or Intimidating Statute; it is also illegal to threaten serious damage to property. Under ARS 13-1202, threatening or intimidating is a serious offense that’s charged either as a felony, depending on the circumstances. With the charge, there does not have to be physical contact to the alleged property or victim. The victim simply has to report a genuine threat. Threatening or intimidating does not even require that the victim experienced any fear. Threatening or intimidating cases typically arise from uncorroborated claims from biased victims. The allegation of threat may even be  made up, blown out of proportion, or simply exaggerated. The victim may report the charge out of frustration, vindication, or anger as opposed to a genuine concern for property or safety. Under ARS 13-1202(A)(1), threatening or intimidating is typically charged as a Class 1 misdemeanor. It can be charged as a Class 6 felony in some rare cases when it is alleged that the threat was made in retaliation to a victim reporting criminal conduct  Threatening or intimidating can also be charged as a a Class 6 felony when it involves criminal street gangs. It can be charged under ARS 13-1202(A)(3) as a Class 3 felony if made to promote the gang or to get a person to participate in gang activities. The threatening and intimidating charge, however, is most common in domestic abuse cases and those are typically filed as misdemeanors

Penalties for Threatening or Intimidating Under Arizona Law

 

Misdemeanor Threatening or Intimidating

Threatening or intimidating is charged as a Class 1 misdemeanor where the person committing the offense, either by word or conduct, threatens to cause physical injury to another person or serious damage to another’s property.  The threat is also a Class 1 misdemeanor where the person causes, or in reckless disregard to causing, serious public inconvenience including, but not limited to, evacuation of a building, place of assembly or transportation facility.  A Class 1 misdemeanor carries up to a 6-month jail term, $4500 in fines and surcharges, as well as up to 3 years of probation. If it is charged as a domestic abuse offense, the defendant may lose their gun rights and be required to take mandatory domestic violence classes.  

Felony Threatening or Intimidating

Threatening or intimidating can be charged as a Class 6 felony if the alleged threat or intimidation is made in retaliation to the reporting of a crime, such as in a domestic violence or assault situation. It carries up to a 2-year prison sentence on a first offense. The most serious penalties are in Class 3 felony cases. On a first offense, the defendant may face a prison sentence of up to 8.75 years.  

Defenses to Threatening or Intimidating Charges

 

No Threat Was Actually Made

Charges may be fabricated at times, particularly in domestic violence cases. Anger, blame shifting, vengeance, custody, divorce, and cheating are some of the most common motivators in most cases. Drugs and alcohol can also lead to distorted or exaggerated claims.  

It Was Not a Genuine Threat

The State is not necessarily required to demonstrate that the defendant acted with wrongful intent, had the ability to actually carry out the threat, or planned to carry out the threat, but it still has to prove a “threat” was communicated.  

The Alleged Threat Is Not Criminal

A huge difference exists between criminal conduct and rude/offensive behavior. Arizona criminalizes behavior that involves violence, fighting, and genuine threats. However, it does not label people as criminals because they lack control/ respect or they act rude/offensive.  

Self-Defense

In Arizona, people are allowed to threaten physical force if it seems reasonably necessary to protect against the attempted or actual use of unlawful physical force. Threatening and intimidation is mostly justified when facing physical force to deter that violence.  

1st Amendment Rights

The 1st and 4th Amendments of the United States Constitution protect free speech. However, free speech is not absolute. “Fighting words” are not permitted under the law. Fighting words are those likely to provoke a violent reaction in regular people. Crude/vulgar language might be protected under the law, but fighting words are not.  

Final Thoughts

Is threatening someone a crime in Arizona? Yes, it is, and it depends on the circumstances. If in doubt, it is always advisable to consult a criminal defense lawyer to make your case. If you find yourself facing threatening and intimidating charges, get in touch with an experienced lawyer to help with your defense.

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The Difference between Felony and Misdemeanor DUI

DUI, short for “driving under the influence,” convictions can make life difficult. They cause stress in the present moment and also have the ability to bring a lot of stress in the unforeseen future. So, what makes DUI convictions a misdemeanor or a felony? Are there any differences? While a lot of people consider misdemeanor charges to be less of a big deal compared to felony charges, the truth is that any criminal conviction is always big deal. While it is good to avoid criminal convictions, misdemeanors aren’t likely to have such a huge impact on your life as felonies. A considerable number of employers still ask for information about prior misdemeanor charges and arrests, but some companies don’t have a problem with misdemeanors. However, they’ll want to know if there are any felony charges against you, and they will perform a criminal background check to verify your answer.  

What You Need to Know About DUI Charges

If you’re unfortunate enough to have a DUI charge, the last thing you might be thinking of is if your charge is a misdemeanor or a felony. DUI charges have several levels of intensity, and it is worth knowing the things that will determine if you get a misdemeanor or a felony. They include the following:

• Whether it is your first offense or not
• Whether or not you have a valid license to drive
• Injuries brought about by the accident
• Whether or not there is a child under the age of 15 years in the vehicle

Misdemeanor DUI convictions often result in jail time, fines and temporary loss of driving privileges.  The severity of the punishment, however, is dependent on how many prior DUI convictions you have and the blood alcohol level. First DUI convictions, with a valid driver’s license, are usually considered misdemeanors; the same is true with a Second DUI offense, with a valid driver’s license.  A third offense, within seven years, whether or not one has a valid driver’s license, is a felony offense. One of the things that make felony DUI conviction a lot more frightening than a misdemeanor conviction is because the defendant is sent to prison after a felony sentencing. While a misdemeanor DUI requires jail time, that jail is done in a local jail and work release is often possible.  A felony DUI results in a prison sentence, starting at a minimum of four months, usually at a prison facility far from home.  No work release is available. On a first offense felony, the offender is typically put on probation after the prison term and is required to report to an assigned probation officer on a regular basis. When it comes to felony, Arizona revoked the driving privileges and will require the offender to use an ignition interlock device once they have their driving reissued. Another thing to note about misdemeanor and felony DUI convictions is that felonies stick on your criminal record much longer, negatively impacting education, job, and housing opportunities. DUI arrests involving driving on a suspended, refused or revoke driver’s license, children under the age of 15 years in the vehicle or a resulting  death will often result in felony charges. Convicted felons tend to experience many inconveniences when released from prison, but this often varies from state to state. Some states, including Arizona, provide tons of civil and social inconveniences after felony convictions. It’s best that you avoid drinking and driving altogether; however, we all make mistakes from time to time. Neither a misdemeanor nor a felony DUI conviction is something you want happening to you. To avoid finding yourself in such a position, it is best that you always have a sober person or a taxi driver take you home when you’ve had way too much to drink. That way, you will never have to worry about how a felony or a misdemeanor DUI conviction could affect your life. If you have been arrested because of driving under the influence, it is important that you get in touch with a DUI attorney to discuss options as soon as you can. A DUI lawyer can help you determine the best way forward and will defend you before the court system.

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Understanding Rule 11 in Arizona

Within the rules of law in the state of Arizona, a person needs to be of reasonable mind in order to stand trial in court. If there is some evidence to suggest that the individual who is facing charges is not competent to understand those charges or the process of law, then it may be found that they are not able to go through the regular system. Here, we will take a look at how to understand Rule 11 procedure in Arizona.  

The Purpose of Rule 11

The legal system in the U.S. is based on an adversarial scenario. It is believed that this adversarial system is the best way to invoke true justice. In the state of Arizona, Rule 11 is there to help ensure that each defendant has the mental capacity to understand what is taking place so this system of adversarial engagement can operate properly. It is believed that a defendant needs to have at least enough awareness of reality to understand what is happening to them before it is fair for the state to exert their power against him. If an individual is found to lack the basic understanding of what is happening to them, they should not be tried or punished under the normal rules of law. Regardless of whether or not that person is facing proceedings because of information found against them or a complaint filed, it is still necessary that they are considered mentally competent. According to Arizona state law, it is unacceptable to proceed with a court case if the person being tried is mentally ill, mentally disabled, or is otherwise unable to fully understand his charges or the proceedings or is unable to help with their own defense. Often, mental illness presents itself as either a neurological or psychiatric disorder, and it may present itself as emotional or behavioral abnormalities. If a person shows some signs of being mentally incompetent, they will have to be examined to determine if they meet the legal definition of incompetence or not. If it is found that they are competent under specific parameters, then it will be possible to try them in a court of law. If, however, they are found under those same parameters to be incompetent, then they will not be able to stand trial. At any point before a trial, if the judge feels there is some question as to the defendant's mental capacity, then the judge can order an examination. It may be decided that he is not competent to stand trial. It could also be determined that he lacks the capacity to participate in his own defense. The law says that if a defendant is deprived of this examination, it prevents him from having a fair trial.  

Why Is Mental Competency Required in a Court of Law?

The state of mental competency allows for a person to take part in their own legal defense. It is also how a person is able to know that they are doing something wrong or illegal. If they have no ability to comprehend that what they did was wrong, or if they are completely unable to participate in their own legal defense, then the court finds they can't be legally held responsible for their acts or their decisions. If it is found that there is sufficient reason to believe they may be mentally incompetent, then they have the right to be examined by someone capable to make a legal determination of competence. The law states that if there is a failure to determine competency, it deprives a person's right to due process and to a fair trial. It is necessary for a criminal charge to be filed before a motion can be made to examine the defendant's mental condition.  

Why It Is Necessary for a Criminal Charge To Be Initiated Before An Examination Of Capacity Can Be Requested?

There is a chance that the individual could be committed into an institution if they are found to be mentally incompetent. For this reason, it is necessary for an actual criminal charge be filed before a request to examine competence can be made. Otherwise, it would be possible for the defendant to be committed to an institution even when there was no forthcoming crime.

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