Feature Article: Threatening or Intimidating Laws and Penalties: Understanding ARS 13-1202
Imagine a seemingly harmless argument between two neighbors, which quickly escalates, and one neighbor ends up hurling threats at the other. Unfortunately, what may seem like heated remarks can often have far-reaching legal consequences. If the recipient perceives these comments as threats, this behavior qualifies as intimidating and threatening under Arizona Revised Statutes (ARS) 13-1202.
What are Threatening and Intimidating Laws?
ARS 13-1202 defines threatening and intimidating behavior as any words or conduct intended to place someone in fear of serious injury or death. The conduct could also involve recklessness or negligence, which creates an unreasonable and prudent risk of causing serious physical injury or death.
Individuals who engage in threatening or intimidating conduct with a deadly weapon are subject to even more significant penalties. Threatening with a weapon means that the accused individual displayed or pointed a firearm or other deadly weapon. This is a Class 6 felony charge punishable by up to two years in prison or a maximum fine of $150,000, with a presumptive sentence of one year behind bars.
What are the Penalties for Violating Threatening and Intimidating Laws?
If an individual is arrested and charged with threatening and intimidating behavior under ARS 13-1202, the potential penalties vary depending on several factors. Many first-time offenders face Class 1 misdemeanor charges, with a maximum jail term of six months and a maximum fine of $2,500.
Multiple violations or violating a domestic violence order, however, can lead to more significant penalties. Domestic violence comes under all forms of abuse, including physical contact, threats, and harsh language, intended to cause harm or create fear.
Second violations of threatening and intimidating behavior lead to Class 6 felony charges, carrying a maximum prison sentence of two years and a maximum fine of $150,000. Suppose an individual threatened and intimidated someone with reckless disregard and used a deadly weapon in committing the offense. In that case, the accused will face Class 3 felony charges, carrying a minimum of two and a half years in prison and a maximum fine of $150,000.
Defenses Against Threatening and Intimidating Charges
If you're facing threatening and intimidating charges, you need to hire an experienced, reputable defense attorney to help you fight the charges. A few defense strategies your attorney might employ include:
Defense of Innocence
Defense of innocence defense comes into play when the accused denies the charges outright. However, the accused must be able to provide sufficient evidence for the defense to be credible.
Insufficient Evidence
Your attorney may argue that the prosecution's evidence presented is insufficient to prove that you threatened or intimidated the complainant under ARS 13-1202.
Self-Defense
Self-defense claims involving ARS 13-1202 hold that the alleged victim is the one who threatened or intimidated first and the defendant responded.
What Should You Do If You're Charged with Threatening and Intimidating?
If you're facing threatening and intimidating charges, it's crucial to work with an experienced defense attorney to fight the charges. A reliable defense lawyer will assess your case and help you avoid the legal consequences of a conviction.
At Cholewka Law, our attorneys are dedicated to defending the rights of individuals facing criminal charges, including those accused of making threats or intimidating someone. Our commitment to our clients has resulted in winning numerous cases in court due to our expertise, passion, and experience.
If you're facing threatening and intimidating charges, our team can help you navigate the legal system and protect your rights. Please contact us today to schedule your consultation and learn how we can assist you.
Threatening or Intimidating Laws and Penalties: ARS 13-1202
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