You got in a heated argument outside the Circle K on Van Buren. You joined your neighbors and stood in a crosswalk in protest of a nearby school’s closure. Or maybe you threw a bottle during a minor altercation. If the proposed Arizona Civil Terrorism Bill of 2026 passes, any of these scenarios could land you in jail and facing serious charges. Read on for an important guide from the Tolleson criminal defense lawyers at Lerner and Rowe Law Group and find out what your options are.
What Is the Arizona Civil Terrorism Bill?
This piece of legislation currently being considered in the Arizona legislature seeks to introduce a brand new class of crime—”civil terrorism.” Its purpose is to arm prosecuting attorneys with more serious charges against individuals engaged in conduct disturbing public peace, damaging public property, and disrupting traffic or commercial activities.
Here’s why this legislation is unlike any other on the books: the statute is not aimed at gangs, organized criminal enterprises, or armed militias. The actions covered by the statute are instead rather commonplace.
The proposed statute would allow a person to be charged with civil terrorism for:
- Disturbing the peace in such a way that constitutes a planned disturbance
- Trespassing on public or quasi-public land during a protest
- Obstructing traffic and/or pedestrians during an assembly or public controversy
- Damaging or destroying property, even if only minimal, if prosecutors assert that it was meant to terrorize others
On its own, each of these violations may constitute a misdemeanor or felony of the third degree. When considered under a civil terrorism statute, each of these actions becomes a felony of the fourth or fifth degree, subjecting violators to imprisonment in Arizona state penitentiaries for a maximum of eighteen months, depending on the number of offenses committed and previous criminal history.
Why Tolleson Citizens Should Take Notice
The proposed Arizona civil terrorism statute does not necessitate evidence of terrorism against anyone. There is no requirement for any organization, planning, or declared political motivation. Rather, all that is required is for the prosecutor to argue that the conduct was carried out with the intention of “coercing, intimidating, or influencing.”
This is not a theoretical scenario; it is a case of prosecutorial discretion, which could easily lead to overcharging.
Offenses Most at Risk of Overcharging Under the Arizona Civil Terrorism Bill
In the event this law passes, the crimes that would be most susceptible to overcharging would include:
Disorderly Conduct
According to A.R.S. § 13-2904, disorderly conduct encompasses disruptive behavior, including disturbing the peace through loud arguments, fighting in a public space, and excessive noise. These types of crimes happen all too frequently in Tolleson, with some escalating rapidly only to cool down just as quickly.
However, with the civil terrorism legislation, prosecutors could use it as evidence in court that this disorderly conduct constitutes a felony.
Criminal Damage
Per A.R.S. § 13-1602, criminal damage refers to the defacement or destruction of property such as smashed windows, wall graffiti, and scratches on cars from arguments or confrontations. Criminal damage charges usually result from actions born out of sudden anger, not premeditated crime.
The proposed legislation provides a basis for arguing that property damage stemming from any “disruptive activity” falls under the category of civil terrorism, provided there is enough evidence for prosecutors to weave together a story of intimidation.
Blocking Traffic or Public Passage
Peaceful protesters blocking an intersection or access to an office building, or employees gathered by the entrance of a private firm, could face felony charges if this bill is passed. This clause directly targets all persons who have ever been involved in any form of protest marches in or around Tolleson and Maricopa County.
What It Means to Hire a Protest Defense Attorney in Tolleson
You’d be forgiven for thinking that you’d only need a protest defense lawyer if you participated in a large political rally. This is not the case at all.
Every time an individual exercises their right to peacefully gather, speak out, and make themselves heard as protected under the First Amendment, that’s a constitutionally protected right. And every time lawmakers try to limit those rights through vague language, then you have legal grounds to fight back.
Our Tolleson disorderly conduct with a weapon lawyer team knows how to file constitutional challenges, including but not limited to:
- Overbreadth claims: Laws that target not just unlawful behavior, but protected activity as well can be successfully challenged
- Vagueness claims: If the language in a statute doesn’t provide proper notice of the offense, then that law cannot stand
- First Amendment defenses: Charges that seek to punish individuals for exercising their right to free speech or other constitutional rights can be successfully defeated in court
- Overreach motions: Prosecutors seeking to charge defendants based on the statute’s broad language can be fought
This isn’t theory. These are legal tools that a criminal damage lawyer in Tolleson can successfully employ to challenge prosecution and secure a dismissal.
The Overcharging Problem Already Exists
Without even getting into the proposed civil terrorism bill, the problem of overcharging already exists in Arizona criminal courts like Tolleson Municipal Court. Prosecutors pile on charges to put additional pressure on the defendant and make them accept a plea agreement rather than fighting the charges altogether. The outcome is that people get convicted of felonies for actions which, taking into account the circumstances of the case, shouldn’t be considered felonies at all.
If this bill gets adopted in 2026, one more powerful charge would be added to the already existing set. It is precisely for this reason that you need a skilled Tolleson criminal defense lawyer right away.
We’re Prepared to Defend You from the Arizona Civil Terrorism Bill
Here at Lerner and Rowe Law Group, we have the skills to successfully argue against overcharging. We’ll look into the evidence and strive to get dismissals, reductions, and other favorable outcomes that will reflect your real situation.
But more than that, we’re ready to take your call whenever you need to talk to us. Our Arizona criminal defense lawyers are ready to provide legal assistance 24/7, 365 days a year.
To get started today, simply give us a call, fill out our secure online contact form, or use our convenient LiveChat service now. Our team is standing by and ready to help you.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.