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However, there’s one thing that can cause the blood of even a seasoned negotiator to run cold: the threat of legal action.

All of the negotiation styles and negotiating techniques in the world aren’t going to help you now. So exactly why do negotiators fear legal intimidation so much? The only people who seem to understand the legal system are lawyers.

You can see how things can get very expensive very quickly.

The other implied threat that any sort of legal intimidation brings with it is the threat of slowing the whole negotiation process down.

and, except as provided in item (ii), the threat is communicated to the person because of the occupation, profession, employment status, or ownership status of the person as described in items (i) through (ix) or based on an act taken by the person within the scope of the occupation, profession, employment status, or ownership status of the person; Find Law Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system.

For more detailed codes research information, including annotations and citations, please visit Westlaw.

If there are other charges present, the importance of having a strong defense is even more paramount. This is also the case when this conduct is committed by a “criminal street gang member.” Threatening or intimidating in order to promote a gang or crime group can be a class 3 felony.

Often, threatening and intimidating charges are brought against someone based solely on their side of the situation.

Threatening or intimidating is included under Chapter 12 of the Arizona Revised Statutes, along with assault and similar offenses.

Unlike other crimes, it is not clear when someone is or is not threatened or intimidated, as it is a personal, rather than objective, state. 13-1202 states that the penalty for injuring someone or damaging another’s property out of intimidation can be a class 1 misdemeanor.

Because of this, the legal defense for threatening and intimidation charges must be aggressive and unwavering. If that conduct is done in retaliation for someone reporting criminal conduct, such as assault or domestic violence, this can become a class 6 felony.

The intensity and frequency of incidents, combined with the proximity of victim and perpetrator, not only makes harassment and intimidation extremely distressing, it also makes it difficult for recipients of this kind of abuse from taking a stand and speaking out against the behaviour.

Local authorities have a responsibility to take immediate enforcement action to protect those who are being harassed or intimidated.