What Counts as a Threat Under Arizona Law?
Not every threatening statement is a crime. Arizona law distinguishes between statements that express frustration and statements that are meant to make someone fear for their safety.
A threat becomes legally significant when it is:
- Specific: It targets a particular person or group
- Credible: A reasonable person would believe it could be carried out
- Intentional: The person making it meant to cause fear
Saying “I could kill you” in the middle of an argument is different from saying “I will hurt you if you don’t leave.” Context matters. Tone matters. The relationship between the people involved matters.
Phoenix criminal defense lawyers and Arizona prosecutors look at all of these factors when deciding whether to file charges.
Verbally threatening to cause harm to an individual can be charged as a crime, even if you had no intention of harming that person. In Arizona, you can be charged under the Threatening or Intimidating statute, which makes it illegal to threaten physical harm and even property damage.
Arizona’s Definition of Threatening
Threatening or intimidating, in its simplest form, is a class 1 misdemeanor in Arizona. The state defines threatening or intimidating as “threatening or intimidating by word or conduct to cause physical injury to another person or serious damage to their property, or to cause serious public inconvenience by instigating an evacuation of a building, place of assembly, or transportation facility.”
Therefore, threatening and intimidating have two main forms:
- Threatening harm to someone; or
- Threatening harm to a group of people, causing an inconvenience like an evacuation.
However, an assault is different from a threatening or intimidating charge, as an assault consists of physical contact.
Arizona’s Definition of Assault
An Arizona assault charge can be a class 1, 2, or 3 misdemeanor depending on the circumstances of the case.
An assault charge is defined as the following:
- Intentionally, knowingly, or recklessly causing any physical injury to another person: class 1 misdemeanor;
- Intentionally placing another person in reasonable apprehension of imminent physical injury: class 2 misdemeanor;
- Knowingly touching another person with the intent to injure, insult, or provoke such person: class 3 misdemeanor.
As you can see, an assault charge involves actually touching someone else in most scenarios. This is the major difference between threat and assault charges.
What Can Elevate an Assault Charge to Aggravated Assault?
An assault can be considered an aggravated assault in Arizona when any of the following are true:
- The victim suffered serious physical injury
- A deadly weapon or dangerous instrument was used
- The assault caused temporary but significant disfigurement, loss of a body part’s function, or a broken bone
- The victim was restrained or unable to defend themselves
- The assault happened after the attacker entered someone’s home with the intent to commit it
- The attacker is 18 or older, and the victim is under 15
- The attacker violated a protective order while committing the assault
- The attacker tried to take a weapon, firearm, or restraining device from a first responder or law enforcement officer
- The attacker was already in police or state custody at the time
- A simulated deadly weapon was used
- Two or more people helped carry out the assault against a single victim, resulting in physical injury
Can a Threat Made Online or by Text Be a Crime?
Yes. A threat does not have to be made in person to result in criminal charges. In Arizona, verbal threats, written messages, and posts made on social media can all be used as evidence in a criminal case, and in some situations, they can be the basis for the charge itself.
If someone sends threatening text messages or posts content online that causes another person to reasonably fear bodily injury, prosecutors may pursue charges for criminal threat or assault by threat. The medium does not matter as much as the content and the intent behind it.
Screenshots, message logs, and social media posts are regularly used as evidence in these cases. If you are facing charges tied to something you said online or in a text, take it seriously and speak with an attorney.
Learn More About the Difference Between Threats and Assault
Assault and threat charges carry real consequences like fines, jail time, a criminal record, and the lasting impact that comes with it. The law in this area is more nuanced than most people realize, and the difference between a misdemeanor and a felony can come down to a single detail.
At Suzuki Law Offices, we handle these cases every day. We know how Arizona prosecutors build their arguments, and we know how to challenge them.
If you’re wondering about legal defenses for an aggravated assault charge in Arizona, our team is available 24/7 to answer your questions and start building your defense. Call us today for a free consultation.
Call or text (602) 682-5270 or complete a Free Case Evaluation form