Threatening or Intimidating: ARS 13-1202
Learn about what threatening or intimidating means in Arizona, and what you can expect if you're facing these charges in the Grand Canyon State.
Threatening or intimidating in arziona
In the state of Arizona, intimidation or threat cases are not taken lightly in the justice system. But the legal definitions for these words can be a little confusing, especially to first-time offenders who don't have a track record of assault or intimidation.
In the Arizona Revised Statutes, threatening or intimidating is covered in Chapter 12, alongside assault and related legal offenses. Threats or intimidation can be either verbal or physical, and may involve damage to someone’s property or the injury of another person.
Even though the definitions for damage or injury may seem arbitrary, the court takes them seriously. At times, they may be charged along with domestic violence and other related offenses.
What is Threatening or Intimidating Defined as in Arizona?
Securing the appropriate legal help with threatening or intimidation, or figuring out whether you’re a victim of such a crime, begins with an understanding of how it’s defined in the state. According to 13-1202 in the Arizona Revised Statutes, threatening or intimidating can involve:
- Vandalism or serious damage to someone’s property
- Verbal or physical injury to someone else
- Crime syndicates or gang members hurting others
- Causing evacuations or other public inconveniences
Oftentimes, the victim of such an act has a subjective and unique view of what happened. And unlike other illegal activities, it’s not always clear whether someone has been threatened or intimidated, as it’s less objective and more personal. They key here is also to understand that threatening or intimidating can happen by "word or conduct," according to the statutes.
Consequences for Violating ARS 13-1202
In ARS 13-1202, the penalty for causing someone injury or damaging their property for reasons related to intimidation could be a class 1 misdemeanor. If these actions, or something similar, are done to retaliate for someone reporting assault or related criminal conduct, it can be as serious as a class 6 felony.
Furthermore, aggravated assault can result in a felony charge. Aggravated assault can be defined by:
- An assault that leads to serious physical injuries
- Assault with a deadly weapon
- A victim being held captive or restrained
- Assault that causes fracture or temporary, substantial disfigurement
- An adult perpetrator and victim 15 years of age or younger
- A victim who is a prison guard, police officer, teacher, prosecutor, medical professional, or firefighter
- An assault committed after entering someone’s private residence
A serious charge for those convicted, aggravated assault can be a class 3 felony. In Arizona, this offense can come with between five and 15 years of prison time.
Common Threatening or Intimidating Defenses
Often, charges related to threatening or intimidation are solely based on one person’s side of the story. Since intimidation tends to be a very subjective topic, determining falsehoods and facts may be a challenge. Proper legal defense is important in certain situations. Here are some common defenses to this charge.
Fabricated or Distorted Claims
Sometimes, charges are entirely fabricated, particularly in domestic violence situations. Custody, divorce, cheating, anger, and vengeance are all common motivations for exaggerating or fabricating a threat. According to statistics, 700,000 people are wrongfully arrested each year for domestic violence claims.
Recanted Claims
Since intimidation or threatening situations are so personal, victims may change their mind and recant their original claim. While it’s not a defense, technically, they may have made their report in vengeance or out of anger. Once they’ve calmed down a bit, they may realize they were overreacting. This can create obstacles for the legal representative. Threatening or intimidating charges can be hard to prove if there’s an uncooperative witness.
Threat wasn’t Genuine
Although the state doesn’t have to prove that the defendant intended to act on the threat, was able to carry it out, or carried out wrongful intent, it must prove that the person gave a “true threat.”
The state has to show the threat was true by showing that the statement would come across to a reasonable person as a serious intention to harm property or another person. Only true, genuine threats are illegal and courts in Arizona have ruled under that principle.
Threat wasn’t Criminal
Criminal conduct is different from offensive or rude behavior. The state of Arizona considers behavior criminal when it involves true threats, violence, or fighting. It doesn’t, however, criminalize rude or offensive behavior, a lack of control, or disrespect.
Defensive Purposes
The threat of physical force may be allowed in Arizona if it seemed necessary to protect yourself or others against the use or attempted use of illegal physical force. When someone is faced with physical force, it justifies most intimidation or threatening to deter violence from occurring.
Threatening or intimidation is not, however, justified as a response to just verbal provocation. Threats or intimidation also aren’t justified if the violence was provoked by the defendant.
In a similar vein, the threat of physical force is justified if it was used to defend someone else. This applies if the individual would have been justified in defending themselves with intimidation or threats under ARS 13-404 (justification; self-defense).
Possible Bias and Confusion in ARS 13-1202
Many intimidating or threatening cases are the result of a biased victim and uncorroborated claims. Allegations of threat might be exaggerated, blown out of proportion, or even made up altogether. Victims may report someone out of frustration or anger rather than a genuine concern for property or personal safety. In addition, drug use or alcohol may be involved, further muddying the waters.
To learn more about threatening and intimidating and how it pertains to your specific charge or case, contact an attorney in your area that focuses on these types of charges. Often, you'll be able to schedule a free consultation with an attorney at no cost to you. You can also visit the Arizona Courts website to learn more.