Crime of Threatening or Intimidating
By Adam Miller
May. 31, 2014 7:50p
Hopefully everyone has fun plans for the weekend and is out and about to enjoy the summer. Today's topic is the crime of threatening or intimidating codified in ARS § 13-1202.
ARS § 13-1202 states, "A person commits threatening or intimidating if the person threatens or intimidates by word or conduct:
1. To cause physical injury to another person or serious damage to the property of another; or
2. To cause, or in reckless disregard to causing, serious public inconvenience including, but not limited to, evacuation of a building, place of assembly or transportation facility; or
3. To cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise.
Like all of the articles written on the topic of criminal activity the first question that arises is this a Crime Involving Moral Turpitude (CMT)? Unclear, but this statute should be divisible meaning that one and two do not have the requisite intent element that defines a CMT, and therefore should not be ruled to in fact be a CMT.
Number 3 of the statute is a different story and if specifically listed on a plea may be charged as a CMT because it requires the person to threaten in order to support gang or racketeering activity. It would be wise to avoid this section in any plea.
If you are accused of threatening or intimidating and you have immigration issues please do not hesitate to contact a Phoenix immigration attorney at Ariano & Reppucci, PLLC who can both assist with your criminal issues as well as minimize minimize any immigration consequences from your criminal convictions.