Sexual assault charges are serious matters, and it’s vital for anyone facing such charges to secure reliable Phoenix sexual assault defense attorney as soon as possible. Individuals living in the Phoenix area can reach out to the Orent Law Offices to secure representation from one of our experienced Phoenix criminal defense attorneys. Sexual assault cases and other criminal cases involving sex crimes are sensitive matters. It is the sexual assault attorney’s job to ensure the court sees the facts of the case as they actually transpired. The jury must make a decision based on a preponderance of the evidence at hand, and the burden of proving the defendant’s guilt beyond a reasonable doubt rests on the prosecution.
Sexual assault cases take many forms, and anyone facing such charges should retain experienced legal counsel. People who cannot afford a private defense attorney may rely on a court-appointed public defender, but these individuals often handle many cases at once and cannot provide the same level of personalized service as a private firm. Consider the following information about sexual assault laws in Phoenix and reach out to the Orent Law Offices if you’d like to meet with a Phoenix sexual assault defense attorney.
Sexual assault charges are serious offenses and by their nature are very sensitive topics. More commonly known as rape, Arizona law defines sexual assault as intentional sexual intercourse, or oral sexual contact, without the other person’s consent. All other sexual acts fall under the category of sexual abuse.
Crimes of this nature will likely result in hefty fines, lengthy jail times, and mandatory registration on the sex offenders registry. With consequences as serious as these, you will want to contact an attorney experienced in such cases, like the attorneys at Orent Law Offices.
If you have been accused of, or are being investigated for, sexual assault, you need to protect yourself and monitor what you say. It is of the utmost importance to speak with an attorney first, before talking to police investigators, or any victims or potential witnesses to the alleged assault.
You should also take these steps:
Most importantly, contact Orent Law Offices to speak to a lawyer knowledgeable and experienced on this complex and sensitive topic. Our attorneys can walk you through each step of the legal process.
Cases involving sex crimes often elicit strong emotions from the jurors and others involved in the case. It’s the sex crimes attorney’s job to ensure the jury considers the events in question as they actually incurred and refrain from making their own judgments. The justice system exists to ensure accused individuals retain their constitutional protections through trial proceedings, and there are several defenses a criminal defense attorney may suggest for a sexual assault case:
Any unwanted sexual contact classifies as “sexual assault,” but several factors may lead to different, more serious charges:
Many factors can escalate sexual assault charges from misdemeanors to felonies and first-degree felonies to second-degree or higher felonies. Almost any type of sexual assault conviction will lead to heavy fines and prison time. The convicted individual will also face a lifetime appearing on the public sex offender registry and face numerous restrictions in terms of housing, employment, and other aspects of life.
The “age of consent,” or the age at which the law acknowledges an individual can knowingly consent to sexual activity, is 18 in Arizona. Anyone who engages in sexual conduct with a person younger than the age of 18 may face statutory sexual assault charges. It’s important to note that consent does not matter in statutory sexual assault cases. Since the law does not recognize the younger person as having the ability to provide fully informed consent to sexual activity, the younger person’s willingness to participate in the sexual activity does not matter in most cases.
There are exceptions to age of consent violations. Close-in-Age or “Romeo and Juliet” laws exist to protect underage couples from unjust prosecution for consensual sexual activity. If one or both of the individuals in question are underage, Arizona’s Romeo and Juliet law may apply in the event of prosecution.
Arizona has some of the harshest punishments for age of consent violations. It’s vital for anyone in any kind of relationship with an underage individual to carefully consider the legality of such a relationship in light of these punishments.
Molestation of a child younger than the age of 15 is a Class 2 felony carrying a minimum sentence of five years in prison. If the offender is at least 18 years old or is tried as an adult and the victim was 12 or younger, the offender will receive life in prison and must serve a mandatory 35 years before being eligible for parole. For victims older than the age of 12, the presumptive sentence is 20 years in prison.
These same punishment standards apply to various other age of consent law violations, including aggravated luring of a child for sexual exploitation, commercial sexual exploitation of a minor, and continuous sexual abuse of a child younger than age 14. Luring a minor for sexual exploitation is a Class 3 felony carrying a minimum punishment of 3.5 years in prison.
Sexual conduct with a minor under age 12 will lead to life in prison with no possibility of parole until the convicted individual serves at least 35 years, if the offender is 18 or older or tried as an adult. If a person 18 or older engages in sexual conduct with a minor between the ages of 12 and 15, the presumptive sentence is 20 years in prison.
Charges for sexual assault vary from state to state, and Arizona’s laws are among the most strict. A class 2 felony, sexual assault is punishable in Arizona with jail time ranging from 5 years to life in prison. Factors that can affect the severity of the punishment include an age of the victim, use of force or threat of force, and whether it is a first or repeat offense.
In Arizona, there are two classifications of sexual abuse by age. If the victim is under age 15, it is considered a class 3 felony and punishable with 3.5 years in prison. All other cases are class 5 felonies and punishable with 1.5 years in prison.
Violent sexual assault in Arizona is defined as sexual assault that uses some form of dangerous or deadly weapon, or an assault that inflicts injury on the victim, or the perpetrator has a prior sex offense charge. It is considered a class 2 felony and can result in a life sentence.
Three degrees of sexual conduct with a minor exist in Arizona, but all are statutory charges even if a victim engages consensually. Crimes in this category are either a class 2 or class 6 felony and can result in a sentence of from one year up to life in prison. Classification and punishment depend on the age of the victim and the relationship between the victim and assailant.
Also categorized and enforced as a statutory charge, sexual exploitation of a minor is a class 2 felony offense. Depending on the details of the case, including the age of the minor and the offender, sentences can range from five years to life in prison. Again, in Arizona, the age of consent is 18 years old and a juvenile crimes lawyer in Phoenix can help if your child is facing an accusation of sexual exploitation.
Sexual assault of a spouse is a charge unique to Arizona, and may be prosecuted under different statutes in other states. Arizona law classifies this charge as either a class 2 or class 6 felony, with punishments ranging from mandatory counseling to one to five years of prison time, depending on the severity and first vs. subsequent offenses.
One of the most significant penalties facing those convicted of any type of sexual assault or other sex crime is permanent registry on the sex offender list. These lists typically exist at the state and federal level and are open for public use. Anyone can look up the registered sex offenders living nearby, and anyone who receives a conviction for sexual assault will need to register on this list. Penalties can extend to housing restrictions, travel restrictions, and even limitations prohibiting some types of employment.
When facing such severe punishments, it’s vital to secure competent, experienced legal defense from certified attorneys. Our experienced criminal defense lawyer at Orent Law Offices is here to help accused individuals in the Phoenix area, so reach out as soon as possible to get started. We offer free case evaluations to new clients, so we can meet with you and let you know what to expect from the trial. Contact us today for more information.