Understanding ARS Extortion: ARS 13-1804
Facing ARS extortion charges is overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of the Arizona extortion law. It explains key terms and the sentencing guidelines for extortion Arizona. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense lawyer. If you are charged with ARS extortion, consult with a qualified Arizona criminal defense attorney as soon as possible.
What is ARS Extortion?
ARS extortion is theft by threat. ARS 13 1804 defines extortion as the knowing act of obtaining or attempting to obtain property or services by using threats. The definition of extortion is broad. It’s important to understand that the crime is the threat itself, regardless of whether the threat is actually carried out.
Extortion Arizona law ARS 13-1804 lists the following threats as grounds for extortion charges:
- Threats with Deadly Weapon or Dangerous Instrument:Threating to cause injury using a deadly weapon or dangerous instrument.
- Threats of Death or Serious Physical Injury:Threatening to kill or inflict serious physical injury.
- Threats of Physical Injury:Threatening to cause any physical harm.
- Threats of Property Damage:Threatening to cause damage to someone’s property.
- False Accusations and Criminal Charges:Threatening to falsely accuse someone of a crime or to initiate false criminal charges against them.
- Threats of Reputation Damage:Threatening to expose secrets or make allegations, whether true or false, to damage someone’s reputation, subject them to hatred, contempt, or ridicule, or impair their credit or business standing.
- Threats of Official Action:Threatening to take or withhold official action as a public servant. This act also includes making a public servant do the same on your behalf.
- Threats of Property Seizure:Threatening to cause someone to surrender their property. This could involve many different scenarios.
Understanding Arizona’s extortion law is key to comprehending the potential legal consequences you may face.
Sentencing for ARS Extortion:
Sentencing for ARS extortion depends on the nature of the threat, which determines the class of felony.
ARS extortion is a Class 2 felony if the threat involves either the use of a deadly weapon or dangerous instrument or the infliction of death or serious physical injury.
ARS extortion is a Class 4 felony if the theft is carried out by any of the threats listed in the Arizona extortion law that do not involve the use of a deadly weapon or dangerous instrument or the infliction of death or serious physical injury.
If you are convicted of ARS extortion, your potential sentence ranges from probation to prison. The amount of probation and prison are summarized below:
| Charge | Felony | Prison | Probation (max) |
|---|---|---|---|
| Extortion: deadly weapon, dangerous instrument, death or serious physical injury | Class 2 | 3 – 12.5 years | 7 years |
| Extortion: threats not involving death or serious physical injury – threats not involving weapons | Class 4 | 1 – 4 years | 4 years |
These are substantial sentences reflecting the seriousness of threatening someone as part of a theft.
Frequently Asked Questions:
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Key Takeaways:
- Definition: ARS extortion (ARS 13-1804) involves obtaining or attempting to obtain property or services through threats. The crime is the threat itself, not whether the threat is actually carried out.
- Types of Threats:
- Deadly Weapon/Dangerous Instrument: Threatening to cause injury with a weapon.
- Death/Serious Physical Injury: Threatening to kill or cause serious harm.
- Physical Injury: Threatening any physical harm.
- Property Damage: Threatening to damage property.
- False Accusations/Criminal Charges: Threatening false accusations or charges.
- Reputation Damage: Threatening to expose secrets or make damaging allegations.
- Official Action: Threatening to take or withhold official action.
- Property Seizure: Threatening to make someone surrender their property.
- Sentencing:
- Class 2 Felony: Threats involving deadly weapons, dangerous instruments, death, or serious injury. Punishable by 3 to 12.5 years in prison, with up to 7 years’ probation.
- Class 4 Felony: Other types of threats. Punishable by 1 to 4 years in prison, with up to 4 years’ probation.
Next Steps:
ARS extortion, under ARS 13 1804, is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.
If you’re facing Arizona extortion law charges, engaging a skilled Arizona criminal defense attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced criminal defense lawyer on your side right away.