Felony Threatening or Intimidating:
If the alleged threat or intimidation is made in retaliation to someone reporting a crime, such as in an assault or domestic violence situation, it can be charged as a class 6 felony with up to 2 years prison, or up to 5.75 years prison when the defendant has prior felony convictions. As with any felony, there are severe collateral consequences that can impact employment, finances, and opportunities. The most serious penalties are in class 3 felony cases. Depending on the Defendant’s criminal history, such a gang member faces up to 25 years in prison.
Threatening or intimidating cases are charged as felonies when involving criminal street gangs. It’s a class 6 felony when a gang member threatens or intimidates. If the threat or intimidation is made to actually promote the gang, or to get someone to participate in the gang, it can be charged as a class 3 felony under ARS 13-1202(A)(3).