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Criminal Threats in Phoenix

Criminal Threats in PhoenixAre you being investigated for making criminal threats in Phoenix, Arizona? Orent Law Offices, PLC can help you fight for your rights.

Since 2011, we’ve been defending the innocent and fighting for the constitutional rights of the accused. We’ve successfully defended countless clients facing a wide variety of criminal threats charges. 

The Phoenix criminal threats attorneys at Orent Law Offices understand that you are a good person caught up in a bad situation. Call(480) 6656-7301 or contact our Phoenix, AZ law office today for a free consultation.

How Orent Law Offices Can Help With Criminal Threats Charges in Phoenix

How Orent Law Offices Can Help With Criminal Threats Charges in PhoenixAttorney Craig Orent is passionate about defending criminal threats and intimidation cases in Phoenix, Arizona. He has successfully handled thousands of cases over the course of his 34+ year career. Whether your goal is acquittal at a jury trial or a quiet resolution, he is the lawyer you want on your side. 

Craig’s reputation as a battle-hardened trial lawyer means prosecutors know they can’t take advantage of his clients. Attorney Orent has been named a Top 100 Trial Lawyer and one of the “10 Best” criminal defense attorneys in Arizona. He prides himself on personally representing all his clients. 

When you retain Orent Law Offices, we can build your defense by doing things like:

  • Asserting your right to remain silent
  • Fully understanding your side of the story
  • Dispatching our own investigators
  • Filing motions to dismiss the case
  • Moving to suppress evidence seized in violation of the Fourth Amendment
  • Taking the case to trial if necessary

Of course, every case is unique. Attorney Orent will need to review your situation to determine the best course of action. No two cases are treated the same. Call Orent Law Offices today to see how we can help build your defense. There’s no charge for your initial consultation.

What Are Criminal Threats Charges?

Criminal threats can involve any charges related to threatening physical injury or threatening to damage property. Criminal threats might be in combination with other charges, such as in domestic violence cases. Or, they may be single incidents.

The Arizona criminal code has several statutes criminalizing threatening or intimidating behavior:

  1. Threatening or intimidating § 13-1202
  2. Making a terrorist threat § 13-2308.02
  3. Using electronic communication to terrify, threaten, harass, or intimidate § 13-2916
  4. Sending threatening or anonymous letter; classification § 13-3004

Arizona generally criminalizes the communication of a threat, regardless of intent or ability to actually do the threatened action. The crime is in the nature of the communication.

The types of threats prohibited include:

  • Threatening to physically injure another
  • Threatening to damage property of another
  • Threatening to cause serious public inconvenience
  • Threatening to publicly embarrass someone

There can be harsher penalties in certain situations such as if the alleged victim is a witness or if the threat was made in furtherance of a criminal organization.

Some of the reasons innocent people get charged with making criminal threats today may include:

  • Someone made up the threatening statement to get you in trouble
  • The state is unconstitutionally prosecuting speech protected by the First Amendment
  • You were “swatted” by a prankster
  • Your statements were misinterpreted or taken out of context

Whether the allegations against you are categorically and completely false, or what you said has been misinterpreted and taken completely out of context, we can help.

If you’ve been charged with making criminal threats, contact an experienced criminal defense attorney in Phoenix, AZ to start fighting. Call Orent Law Offices today for a free consultation.

What Penalties Am I Facing For Criminal Threats Charges?

Orent Law Offices is skilled at using a wide range of defense strategies to prevent a criminal conviction and the penalties that follow. We will leave no stone unturned as we investigate and build your defense. 

If you are ultimately convicted of intimidation or making criminal threats, the penalties vary depending on the specific charges you are convicted of. The specific charge and penalties should be included in the criminal complaint. Your lawyer should carefully review this with you to advise you about the penalties you are facing. 

Penalties for making criminal threats range from misdemeanors to felonies. For instance, a charge for threatening or intimidating (ARS 13-1202) can typically result in a class 1 misdemeanor, punishable by up to six months in jail and a $2500 fine.

However, if the threat was made to a witness or you are in a gang, it is a class 6 felony, punishable by four months in jail to two years in prison. Even worse, if the threat was made in furtherance of a criminal organization, it becomes a class 3 felony. That could mean between two years to eight years and nine months in prison. 

Making a terrorist threat is also a class 3 felony. Felony convictions are much worse than misdemeanors because they carry more severe sentences. Having a felony results in the loss of your civil rights, such as the right to vote and own a gun.

Each threatening or intimidating statute carries its own unique penalties. Orent Law Offices will work carefully with you to find the best strategy to prevent a conviction. Call our Phoenix, AZ law office today for a free consultation.

What Defenses Are Available to Criminal Threats Charges?

Attorney Craig Orent has a large toolbelt of defenses to help you if you’ve been charged with criminal threats or intimidation. Criminal threats cases require attentive, experienced legal counsel that knows how to handle complex legal issues and facts. There is no “one-size-fits-all” approach to a defense for criminal charges.

However, some examples of defenses in criminal threats cases include:

  • You did not make the alleged threats
  • The threat was not a “true threat” and is protected under the First Amendment
  • Arguing the conduct threatened wasn’t criminal
  • Arguing the right of self defense protects the conduct
  • The state violated your rights
  • The state can’t meet its burden of proof

Of course, depending on the facts of your case your defense may use none of the listed strategies but may have entirely different ones available. You can count on Orent Law Offices to carefully design your defense to fight the charges based on your personal story and the facts of your case. Call our Phoenix, AZ office today–there’s no charge for your initial consultation. 

What is a True Threat?

The United States Supreme Court has ruled on a long line of cases that examine when a threat is not illegal, but is actually protected free speech under the first amendment. This is a complicated area of the law, but it can prove useful in threatening and intimidation cases. 

If the facts support it, a defense lawyer will sometimes argue that the threat was not a “true threat,” and is therefore not illegal. The state is not allowed to prosecute someone for constitutionally protected speech. 

However, under the law, you are not allowed to make true threats either. Where is the line drawn between speech that is okay and speech that is illegal? 

Courts find that a threat is only an illegal “true threat” when a reasonable listener would consider it a true expression of intent to harm under the circumstances. Under this test, the totality of the circumstances is examined to see how reasonable people would interpret the threatening statement. If a reasonable person would not take the threat as true in that context, the speech should be protected by the First Amendment.

However, in practice, courts frown on threatening speech and are reluctant to dismiss a case based on this test. It takes highly skilled legal counsel to effectively argue a true threat case.

True threat motions need to be handled very carefully because you may accidentally admit you made the threat. These motions should carefully stipulate that you are not admitting the threat was communicated, but rather, even if it was communicated, it would not be illegal. This is why having a skilled criminal defense firm like Orent Law Offices is so important. 

Contact Our Phoenix Criminal Threats Attorneys Today

Accused of making criminal threats? You don’t have to go through this alone. Orent Law Offices Phoenix criminal defense law firm is ready to fight your case to the very end. We are experienced defenders of the constitution and want to help you. Contact us today for your free initial consultation.

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Phoenix, Arizona 85028

 

Orent Law Offices Phoenix Criminal Defense Law Firm