{"id":18982,"date":"2022-06-15T13:12:44","date_gmt":"2022-06-15T20:12:44","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?page_id=18982"},"modified":"2023-10-31T15:33:17","modified_gmt":"2023-10-31T22:33:17","slug":"harassment","status":"publish","type":"page","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/services\/harassment\/","title":{"rendered":"Arizona Harassment Attorney (ARS 13-2921)"},"content":{"rendered":"
Harassment charges do not necessarily carry severe prison sentences, but conviction can have severe repercussions for your career and may carry long-term repercussions. Harassment is a serious criminal charge with far reaching implications that has lasting ramifications.<\/span><\/p>\n No matter the severity of the allegations of workplace harassment or formal charges for criminal behavior, this article provides extensive details on harassment laws in Arizona. We discuss what qualifies as harassment within this state’s boundaries – such as targeting private individuals, public officials or even aggravated cases – along with our criteria for each.<\/span><\/p>\n If you are facing harassment charges in Arizona, it is imperative that you seek legal advice as soon as possible. Our criminal defense attorneys will assist in building an aggressive defense for court and may explore ways to potentially reduce or dismiss charges against you.<\/span><\/p>\n Get Started<\/span><\/span><\/a><\/p>\n Under Arizona Law (ARS 13-2921<\/a>), harassment can be defined as any act which causes serious alarm, annoyance or harassment to an individual. For any act to legally qualify as harassment it must cause genuine alarm among its targets and make them feel unsafe, annoyed, or threatened.” To be considered harassment a victim must feel threatened by its presence; and its presence must make them feel threatened as well as alarmed – something which cannot happen with indifference.<\/span><\/p>\n To be charged with harassment in Arizona, one must prove intent or knowledge of harassing another individual. Proving knowledge or intent can often prove challenging in court, making this defense popular in harassment cases.<\/span><\/p>\n Arizona law recognizes several actions as constituting harassment, provided intent or sufficient knowledge are present:<\/span><\/p>\n Arizona law prohibits the filing of non-consensual liens against them, except under specific circumstances:<\/span><\/p>\n In cases where harassment involves a public officer or employee and meets one of these conditions, it is considered a class 5 felony<\/span><\/p>\n Individuals can face charges of aggravated harassment<\/a> for repeat offenses against the same victim in two specific circumstances:<\/span><\/p>\n If a defendant is convicted of aggravated harassment under the first condition, it is classified as a class 6 felony. However, for repeat offenders, the charge is elevated to a class 5 felony. If a defendant is convicted of aggravated harassment under the second condition, it is considered a class 5 felony.<\/span><\/p>\n Harassment charges in Arizona can lead to various classifications, from misdemeanor to class 5 felony. Below is an outline of each classification’s potential legal consequences:<\/span><\/p>\n A class 1 misdemeanor can carry a maximum prison term of six months and fine<\/a> of up to $2,500, plus court-imposed additional sanctions like community restitution, mandatory education or probation.<\/span><\/p>\n For first-time offenders, class 6 felonies carry a maximum prison sentence of 1.5 years; for more serious offenses a two year maximum jail term applies (ARS 13-702). Repeat offenders could face between 2.25 to 4.5 years imprisonment while those charged with multiple aggravated violations could receive sentences between 2.75 to 5.75 years (ARS 13-702<\/a> and 13-704).<\/span><\/p>\n Note that felonies in Arizona carry a\u00a0maximum fine<\/a> of $150,000.<\/span><\/p>\n A first-time offender charged with a class 5 felony may receive a maximum prison sentence of two years; for aggravated felonies, this maximum may increase to 2.5 years. Repeat offenders could receive sentences between 3 to 6 years, with repeat offenses potentially incurring an enhanced punishment range from 3.75 to 7.5 years in jail time.<\/span><\/p>\n When you meet with your criminal defense attorney, he or she will discuss possible defenses to have the charges against you lowered or dropped. There are a number of options at your disposal, though there are four that stand out as the most common:<\/span><\/p>\n Arizona’s harassment laws stipulate that for an act to qualify as harassment, either the perpetrator must have intended it, or possess knowledge that his\/her actions cause it. Even if their actions cause alarm or harassment to someone, but without intent to cause harm or knowledge that their actions would lead to such consequences. Hence if their actions cause alarm or harassment to someone they cannot be charged with harassment as long as this was never their intent nor they had knowledge their actions would cause such consequences.<\/span><\/p>\n This defense may be useful when harassment charges are initiated without explicit consent from the victim. Even when actions meet legal definition of harassment, they may still not qualify unless their actions caused genuine distress for their target. It is crucial to ascertain if their target perceived their actions as acts of loving concern or one-off incidents before making this determination; otherwise if their interpretation differs, defendant should not be charged with harassment.<\/span><\/p>\n<\/h2>\n
<\/h2>\n
<\/h2>\n
<\/h2>\n
What is Harassment in Arizona?<\/span><\/h2>\n
<\/h2>\n
Harassment against a Private Party in Arizona<\/span><\/h2>\n
<\/h2>\n
<\/h2>\n
\n
<\/h2>\n
Harassment against a Public Officer or Employee in Arizona<\/span><\/h2>\n
<\/h2>\n
\n
<\/h2>\n
<\/h2>\n
Aggravated Harassment in Arizona<\/span><\/h2>\n
<\/h2>\n
\n
<\/h2>\n
<\/h2>\n
Penalties for Harassment in Arizona<\/span><\/h2>\n
<\/h2>\n
Class 1 Misdemeanor in Arizona: <\/span><\/h3>\n
<\/h2>\n
Class 6 Felony:<\/span><\/h3>\n
<\/h2>\n
<\/h2>\n
Class 5 Felony:<\/span><\/h3>\n
<\/h2>\n
Possible Defenses against Harassment Charges in Arizona<\/span><\/h2>\n
<\/h2>\n
\n
<\/h2>\n
Proving Lack of Intent or Knowledge<\/span><\/h3>\n
<\/h2>\n
Proving that the Victim was Not Seriously Alarmed, Annoyed or Harassed<\/span><\/h3>\n
<\/h2>\n
Lowering the Charge from a Felony to a Misdemeanor<\/span><\/h3>\n