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Phoenix Sexual Assault Defense Lawyer

Phoenix Sexual Assault Defense LawyerWere you arrested on sexual assault charges in the Phoenix area? It’s important to aggressively defend your rights to protect your future.

Don’t jeopardize your freedom by wasting another minute. Call an experienced Phoenix Sexual Assault Defense Lawyer at Orent Law Offices, PLC for a free consultation today.

Why Should You Call Orent Law Offices, PLC if You’ve Been Charged With Sexual Assault in Phoenix?

Facing a criminal charge is never easy. A sexual assault and battery charge can be even more overwhelming.

The prosecution will do everything they can to win–and in a sex crimes case, they often have a clear advantage. The stigma of the allegations alone can make you feel guilty before a trial has even begun.

When you choose Orent Law Offices, PLC to protect your rights, you’ll have more than 30 years of defense experience in your corner. Our law firm has proven time and time again that we have what it takes to successfully defend even the most serious of crimes.

Here are just some of the ways an experienced Phoenix criminal defense lawyer can work to minimize the fallout in your case:

  • We’ll investigate to find out whether your arrest was legitimate–in other words, whether the police had probable cause
  • Our lawyers know how to spot a constitutional violation, and we’ll do everything we can to make sure your rights are respected throughout the entire legal process
  • We’ll engage leading experts in assault crime scene reconstruction, forensics, psychology, medicine, and any other specialty that might help in your case
  • We’ll make sure you understand all of your options and their consequences so you can make smart choices
  • From day one, our focus will be on poking holes in the prosecution’s case to get your charges dropped or downgraded if possible

Importantly, we have a track record of winning where it matters most–in the courtroom. We might negotiate to reach a plea bargain that works to your advantage, but we’re always prepared to fiercely defend you at trial.

When you’re facing the most serious choices of your life, don’t trust an inexperienced attorney or public defender with your future. Our founding attorney is a certified Arizona State Bar Criminal Law Specialist. We’re ready to put these skills to work for you. Just give our law offices a call to schedule your free consultation today.

Overview of Arizona Sexual Assault/Battery Laws

Sexual assault is defined under Arizona Criminal Code Section 13-1406. In Arizona, sexual assault is the legal term for rape.

Sexual assault and battery charges can be based on a range of actions–and it’s important that you know what you’re up against.

You can be charged with sexual assault for intentionally or knowingly engaging in sexual intercourse or oral sexual contact without the other person’s consent.

“Consent” is a key issue in any sexual assault case. The prosecution might try to show that consent was lacking if the victim was:

  • Mentally incapable of giving consent
  • Under the age of consent
  • Unconscious
  • Coerced into participating
  • Intoxicated

In most cases, sexual assault is a class two felony in Arizona. The charges can be elevated in a number of circumstances. Sometimes, sexual assault/battery charges are charged in addition to another crime.

Regardless of the specifics, it’s always important to hire the best criminal defense attorney possible when you’re facing sexual assault charges. When your future is hanging in the balance, your lawyer’s skill and dedication can make or break your case.

Understanding the Difference Between Assault and Battery

Assault and battery are two different charges, both in the criminal and civil context. When a violent crime or personal injury is alleged, assault and battery usually go hand in hand. In the civil assault context, you might be required to compensate the victim for things like medical expenses and lost wages. In criminal assault cases, your freedom is literally on the line.

Assault is the act that puts the victim in fear of physical danger. Battery is the actual physical contact that causes the battery plaintiff physical harm.

The law in Phoenix, AZ merges assault and battery together in the criminal code’s definition of sexual assault.

Conviction on Sexual Assault Charges Carries Harsh Penalties in Phoenix, Arizona

Sexual assault is a class 2 felony. Under Arizona law, a presumptive minimum and presumptive maximum sentence will come into play. If it’s your first offense, that means you could serve between 5.25 years and 15 years in prison if convicted of sexual assault. The presumptive sentence will be seven years.

For repeat offenders, the following sentence ranges:

  • Between seven years and 21 years if you have one prior felony conviction
  • Between 14 years and 28 years if you have two prior felony convictions

The presumptive minimum and maximum terms can also be increased by three years if you’re convicted of using the date rape drug in committing the crime.

When Can Penalties for Sexual Assault be Aggravated?

Prosecutors and judges also consider a range of “aggravating factors” that can lead to even harsher punishment. Most of those aggravating factors are spelled out in Arizona Criminal Code Section 13-701.

You can face the maximum prison sentence if the prosecutor can prove:

  • The victim suffered a serious physical injury
  • You threatened to inflict serious physical injury in committing the crime
  • You used, possessed, or threatened to use a deadly weapon
  • Someone else was present and helped you commit the offense

The Arizona criminal justice system takes crimes involving children extremely seriously. If you were at least 18 and the victim was under the age of 13, you’ll face life in prison without possibility of parole. You can also face enhanced sentencing if the victim was younger than 15.

Arizona Sex Offender Registry

If you’re convicted on sexual assault/battery charges in Phoenix, you’ll also be required to register as a sex offender. Megan’s Law sex offender registry requirements can last a lifetime.

You’ll be required to provide certain information, including:

  • Your address
  • A photograph
  • Vehicle identification information
  • Fingerprints
  • Details about your sexual assault conviction

This information is available to the public. It can impact your ability to get a job, find housing, or even take out a bank loan.

As a crime that’s often considered an act of domestic violence, you might also face limitations if you’re served with a restraining order.

At Orent Law Offices, PLC, we take an aggressive approach to every case we take on. That means we’ll immediately go to work to identify all available defense strategies that might work in your case.

What Defense Strategies Might Work in My Case?

Every case is unique. We give every client the personal attention they deserve–so that your rape defense strategy will be custom-tailored to the specific facts of your case. We’ll identify technical defenses, evidentiary issues, and any strategy that can be used in your favor.

A comprehensive sexual assault defense strategy might include one or more of the following:

  • Failure to prove one of the elements of sexual assault/battery beyond a reasonable doubt
  • Violation of your right to an attorney during the interrogation process
  • Violation of your right to be free from illegal search and seizure
  • Lack of probable cause for your arrest in the first place
  • Alibi defenses
  • Mistaken identity
  • Challenges to witness credibility or motive
  • Police or prosecutorial bias

In modern sexual assault cases, the prosecution might be relying upon DNA or other scientific evidence. We know how to challenge the reliability of this evidence. On the other hand, we might be able to present our own scientific evidence if the prosecution’s case lacks physical evidence–as they often do.

Analyzing the Accuser’s Motivation to Make False Allegations

Sometimes, the prosecution relies heavily upon statements made by your accuser and other witnesses. Unfortunately, false allegations are common in sexual assault/battery cases. Challenging your accuser’s motivation can create the reasonable doubt we need to beat the charges.

Our sexual assault/battery attorneys may be able to question the accuser’s motives based upon:

  • The alleged victim’s desire to win a better outcome in a divorce or child custody dispute
  • Some type of financial incentive or extortion
  • General embarrassment, including situations where accusers have participated in the sexual activity willingly and later came to regret their own free choices
  • Revenge

Accusers in sexual assault cases often know the defendant personally. Consent is almost always an issue in these cases. Despite this, it can be tough to prove what actually happened.

At Orent Law Offices, PLC, our seasoned Phoenix sexual assault defense lawyers conduct an exhaustive pre-trial investigation to get the facts. That means analyzing the prosecution’s evidence, interviewing witnesses, visiting the crime scene, and working with experts to strengthen your defense.

If you’ve already been arrested–or suspect that you’re under investigation–don’t wait another minute. Call to schedule your free case evaluation today.

Contact an Experienced Phoenix Sexual Assault Defense Lawyer Today

Sexual assault and battery charges are among the most serious you can ever face. At Orent Law Offices, PLC, our defense attorneys have the solid understanding of the criminal justice system that you need. Call or contact an experienced Phoenix sexual assault defense lawyer at our law firm for a free consultation today.