Facing aggravated harassment Arizona 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 ARS 13-2921.01. It explains key terms and the sentencing guidelines for aggravated harassment 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 aggravated harassment Arizona, consult with a Phoenix aggravated harassment defense lawyer as soon as possible.
What is Aggravated Harassment?
Aggravated harassment Arizona, under ARS 13-2921.01, is a serious offense that builds upon the base crime of harassment under ARS 13-2921. It occurs when an individual commits harassment and one of the following conditions is also met:
- A court issued a valid protective order for the victim, and it was served and in effect at the time of the offense. Examples of a protective order are an order of protection or an injunction against harassment.
- An emergency protective order is in effect against the accused at the time of the offense.
- The accused has a prior conviction for a related offense (outlined in ARS 13-3601) against the same victim.
- The accused is under a court-ordered release prohibiting contact with the victim, and this order is in effect during the offense.
The underlying act of harassment itself includes actions like repeatedly following someone, making false reports to authorities, or engaging in threatening communication. This communication may be verbal, electronic, or otherwise. The key is whether a reasonable person would feel seriously alarmed, annoyed, or harassed.
Sentencing for Aggravated Harassment:
In Arizona, the penalties for aggravated harassment are serious. They depend on several factors, like past convictions and the specific circumstances of your charges.
The penalties differ greatly depending on whether it’s a first offense or a subsequent offense, and on whether prior felony convictions exist.
First Offense Penalties:
| Offense Type | Prison |
|---|---|
| Class 6 Felony: Violation of an order of protection, injunction, or court orderded release | 4 months to 2 years |
| Class 5 Felony: Multiple violations of aggravated harassment or domestic violence | 6 months to 2.5 years |
Frequently Asked Questions:
Key Takeaways:
- Definition and Scope: Aggravated harassment in Arizona (ARS 13-2921.01) builds upon the crime of harassment by including additional aggravating factors.
- Aggravating Factors: These factors include having a valid protective order, an emergency protective order, a prior conviction of a domestic violence offense, or a court-ordered release prohibiting contact with the victim.
- Actions Constituting Harassment: Harassment involves actions like repeatedly following someone, making false reports to authorities, or engaging in threatening communication. This can be verbal, electronic, or otherwise.
- Sentencing for First Offense: For first-time offenders who violate court order or injunctions, aggravated harassment is a class 6 felony, with penalties ranging from probation to 2 years in prison. For repeat offenders of aggravated harassment or those with a domestic violence prior, the charge is elevated to a class 5 felony with penalties ranging from probation to 2.5 years in prison.
Next Steps:
Aggravated harassment Arizona 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 aggravated harassment Arizona charges, under ARS 13-2921.01, engaging a skilled Phoenix aggravated harassment lawyer 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.