Arizona law takes communication-based harassment very seriously. Under state law, simply making a few phone calls or messages can lead to criminal charges if they are threatening, obscene, or are made with the intent to annoy or alarm another person. If you are accused of making harassing or obscene phone calls, you could face serious consequences, including the possibility of jail time.
However, false accusations are common in these cases, and context also matters. Hiring an experienced criminal defense lawyer is one of the best steps you could possibly take if you’ve been charged. Until then, read on to learn more about how these offenses work in Arizona.
What Does Arizona Law Say About Harassing and Obscene Phone Calls?
Under A.R.S. § 13-2916, it is illegal to use a telephone or other communication device to “knowingly terrify, intimidate, threaten or harass a specific person or persons.” The law applies to voice calls, text messages, and even electronic communication made through apps or social media.
You can be charged if you knowingly:
- Make repeated calls with the purpose of harassing someone
- Use obscene or profane language over the phone
- Threaten to harm the person, their property, or someone close to them
These offenses are typically charged as Class 1 misdemeanors, but the penalties can increase if certain circumstances are present, such as a prior conviction.
What Are the Potential Penalties for a Conviction?
A conviction for harassing or obscene phone calls in Arizona can have serious consequences.
A Class 1 misdemeanor can result in:
- Up to six months in jail
- Fines up to $2,500
- Probation
- Counseling
- Protective orders
The penalties could also include serious collateral consequences that go beyond what is imposed by the court, like difficulting finding housing or employment.
Building a Successful Legal Defense
Being accused of harassment or obscene phone calls does not mean you are guilty, as many of these cases rely on circumstantial evidence and/or emotional testimony. A skilled Arizona criminal defense lawyer can look at every detail to find weaknesses in the prosecution’s case against you.
Common defense strategies include:
- Lack of knowledge: The law does not require the prosecution to prove you were acting intentionally, but it does require them to prove you acted knowingly.
- Insufficient evidence: The prosecution must show that you made the calls or messages. It might not be enough if the evidence relies only on call logs or screenshots.
- Violation of rights: If police obtained your phone records without a valid warrant or used improper investigation methods, your attorney can challenge that evidence in court.
- Freedom of speech: Not all offensive or upsetting language is criminal. The First Amendment protects a wide range of speech, and your lawyer can argue that your communication was not intended to harass.
Ultimately, the right defense depends on the facts and circumstances of your case. You can learn more about your legal options by contacting a criminal defense attorney for a free consultation.
What Should I Do if I’ve Been Accused?
If you learn that someone has filed a complaint against you for harassing or obscene phone calls, it’s important to act quickly. Do not try to contact the alleged victim or explain your side to the police without legal counsel. Anything you say could be used against you.
Instead:
- Stay silent and polite: Exercise your right to remain silent until you have legal representation.
- Preserve evidence: Save text messages, voicemails, or call logs that could help your case.
- Hire an experienced defense lawyer: A lawyer can communicate with law enforcement on your behalf and explain the steps of your case and protect your rights.
The prosecution must prove every element of your offense beyond a reasonable doubt, so don’t lose hope about what’s to come.
How an Arizona Criminal Defense Lawyer Can Help You Fight Back
An experienced criminal defense attorney can guide you through every step of the legal process, including representing you at every court appearance. From investigating the accusations to presenting evidence in your favor, your lawyer’s job is to have your charges dropped completely or reduced if at all possible.
A defense lawyer can help by:
- Reviewing police reports and phone records for errors or inconsistencies
- Cross-examining witnesses to challenge their credibility
- File motions to suppress unlawfully obtained evidence
- Negotiate with prosecutors for a dismissal or reduced charges
- Represent you at trial if necessary
Every word and action matters in these cases, making it crucial to have a lawyer who understands Arizona’s communication and harassment laws in detail.
Contact the Tucson Criminal Defense Lawyers at Katsarelis Law Criminal Defense Attorneys for Help Today
If you’ve been charged with making harassing or obscene phone calls in Arizona, you still have rights and legal options. The sooner you involve a qualified defense lawyer, the better your chances of resolving the matter favorably.
Katsarelis Law Criminal Defense Attorneys can help you protect your rights. We can explain the charges against you and discuss your legal options for responding effectively. Contact our experienced Tucson criminal defense attorneys today at (520) 510-0439 for a free consultation.