Defense Against Charges of Criminal Threatening and Intimidation
People caught up in the emotional turmoil of domestic disputes seldom realize that their angry words could land them in jail. Under Arizona statute 13-1202, it is unlawful to threaten or intimidate by words or by conduct to cause physical injury to another or serious physical damage to the other person’s property. If you are convicted of this crime, you generally face probation, fines and up to six months in jail. Under some circumstances, the crime can also be charged as a felony. You must make it a priority to hire an attorney specialized in defending these cases.
I am attorney and Board Certified Specialist, Howard Snader and have been practicing criminal law in the Phoenix area since 1989. Additionally, I am one of a handful of lawyers who has been certified as a Criminal Law Specialist by the Arizona Board of Legal Specialization. I use my experience and knowledge to develop aggressive strategies for clients facing criminal charges, including threats, intimidation and other charges related to domestic violence.
Difficult Charges Require a Skilled Defense
Usually the only witness is the accusing party: normally the former wife or husband. If they have any “proof,” police will submit the charges for prosecution. Law enforcement frequently submit charges with little more than the alleged victim’s statement as evidence. Alleged victims frequently withdraw their statements, but prosecutors seldom dismiss these charges because the State is committed to follow through on all types of domestic violence charges. It is critical to have skilled and experienced legal counsel.
Developing Strategies to Fit the Situation
When police respond to a domestic violence call, they are required by law to arrest someone if there is any injury to the other party. An injury can be as minor as a redmark (assault) or broken piece of property (criminal damage). The aggressive defense begins with an attorney assisting in convincing the court to release you from custody. After fighting for your release, the aggressive defense begins to either challenge the “victim’s” allegations, or working to convince the prosecutor that although the charges may be true, you should receive a sentence consistent with someone who has no criminal history and can be rehabilitated.
Especially where the victim is willing to assist the defense, I have developed effective strategies to obtain dismissals or allow clients to enter into programs for deferred prosecution. If the victim is not willing to assist the defense, the primary defense must be to attack their credibility and their testimony. Again, as an expert litigator, I have developed successful methods to establish effective challenges to the State’s case. Of course, I am also prepared to fight the charges and have secured many not-guilty verdicts on behalf of clients accused of criminal threats and intimidation.
Contact an a Criminal Law Expert
Call 602-957-3300 or contact me online for an initial consultation to discuss your criminal law matter.
Learn more about general issues in domestic violence. Visit our Domestic Violence practice center.