How to Beat a Criminal Threat Charge in Arizona
Most people can control their temper in various challenging situations. However, in a certain circumstance you may reach a tipping point and utter words that the other person may interpret as a threat or attempt to intimidate them.
Any criminal defense Arizona law attorney can tell you that these are not just words, but actual offenses, according to Arizona Revised Statutes 13-1202. Depending on the circumstances, these charges can be classified as either class 1 misdemeanor or class 6 felony.
If you were charged with threatening or intimidation, you should hire an experienced lawyer specializing in criminal defense Arizona law to help you fight these charges.
Ways to Defend Yourself If You Are Charged with Threatening or Intimidation
One of the basic rules in any situation when you see yourself charged with any offence is to have an attorney present when you make any statement. Anything you say can and will be used against you, as the Miranda Rights state. And in many cases, the police want to close a case as quickly as possible and will lead you into making statements that incriminate you.
Here are some ways in which a criminal defense Arizona law attorney can fight these charges:
Demonstrate that It Was a Misunderstanding
In the heat of an argument, people may misconstrue the words said by another. They may be naturally fearful and exaggerate the meaning of what you said. Your criminal defense Arizona law attorney will attempt to determine exactly what happened during the respective incident.
If there were witnesses, they will be very valuable in putting your words and action in their true light.
Show that the Charges Were Fabricated
In domestic violence cases (especially during divorce procedures), one of the parties may attempt to gain an advantage by fabricating threat accusations against the other.
In most cases, there are no reliable witnesses to the alleged incident. But your criminal defense Arizona law attorney can discern the lies and inconsistencies in the statement given by the alleged victim. Coupled with a research of past incidents, the lawyer can cast doubt on the charges made against you.
The Threat Is Not of a Criminal Nature
Not all kinds of unpleasant words exchanged between people in an argument are a threat, as defined by the Arizona Revised Statutes. The text of the statutes is clear: a threat represents a conduct or words referring to:
- Physical injuries
- Serious damage to property
- Serious public inconvenience.
In our experience as criminal defense Arizona law attorneys, we managed to defend threat charges successfully by proving that the uttered words were rude and offensive, but did not meet the criteria to be classified as threatening.
The Threat Was Made in Self Defense
In some instances, a defendant may have expressed an actual threat of intimidation, but it was only in response to a greater threat to their physical integrity or even life. The Arizona Revised Statutes 13-404 recognized the fact that a person may be justified in threatening someone else of using physical force if it is “immediately necessary” to protect oneself.
It is important to note that verbal provocation does not constitute grounds for invoking self defense, and neither does resisting an arrest.
The First Amendment Will Not Protect You
When it comes to verbal threats, many Americans believe that they are protected by the First Amendment, which grants everyone freedom of speech. However, this is no defense, because freedom of speech simply gives you the opportunity to say whatever you want without being censured. However, it does not protect you from the legal consequences of uttering a threat or making false statements.
Bring Your Case to an Experienced Criminal Defense Arizona Law Attorney
Being charged with threatening or intimidation will affect your life, as you may be perceived as a violent person. This can have repercussions both on your private and professional life.
An experienced criminal defense Arizona law attorney can help you fight back these charges by analyzing the circumstances of the incident and finding the proofs needed to establish your innocence. Call us now to discuss your case!