Threats and Intimidation and “True Threats”
In Arizona, “A person commits threatening or intimidating if the person threatens or intimidates by word or conduct:
To cause physical injury to another person or serious damage to the property of another; or
To cause, or in reckless disregard to causing, serious public inconvenience including, but not limited to, evacuation of a building, place of assembly or transportation facility; or
To cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise.
Threats and intimidation is a Class One Misdemeanor, but in some circumstances, it can be charged as a felony, such as where the victim faced threats or intimidation as retaliation for reporting criminal activity. 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. Being arrested and charged with any crime can be an overwhelming and terrifying experience.
Threats and Intimidation does not require a defendant to have a “wrongful intent.” Instead, the Government must prove that a defendant committed a “true threat.” Because one violated this law only by communicating a “true threat,” a culpable mental state is necessarily involved in the commission of the offense, and it is not a strict liability crime.
A “true threat” is a genuine expression of intent to inflict bodily harm or serious damage to the property of another. Thus, for the government to establish a "true threat," it must demonstrate that the defendant made a statement in a context or under such circumstances wherein a reasonable person would foresee that the statement would be interpreted by those to whom the maker communicates the statement as a serious expression of an intention to inflict bodily harm upon or to take the life of a person. In other words, a defendant may be found guilty if he expressed a threat that, under the circumstances, a reasonable person would foresee that his words would be taken as a serious expression of an intent to inflict bodily harm. It is context-dependent.
A “true threat” does not require the victim to be scared or feel threatened. It is an objective standard, so the State does not need to prove that the listener subjectively feared or felt threatened by the communication for it to constitute a “true threat.” Still, although the State is not required to prove that the receivers of the communication felt afraid or threatened by it, their objective reactions may factor into the context or circumstances relevant in assessing whether a reasonable person would foresee that defendant’s statement would be interpreted as a true threat.
Defending charges of threats and intimidation sometimes comes down to demonstrating that the conduct was not a “true threat.” An experienced defense attorney will attempt to identify inaccurate information and statements. Many times, there are complexities that only the most experienced attorneys can handle.
Attorney Amanda Bynum is experienced in defending Misdemeanors and Felonies in Pima County, Tucson, and surrounding areas. If you have been charged with Threats and Intimidation and need a defense lawyer, please contact us to set up a free consultation.
