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Phoenix Lewd Conduct Lawyer

Phoenix Lewd Conduct LawyerWere you recently arrested for lewd conduct or indecent exposure in Phoenix, AZ? You need a skilled local lawyer to minimize the potential consequences. A Phoenix lewd conduct lawyer at Orent Law Offices, PLC can help you fight to protect your future and your reputation. 

Our defense lawyers have over 34 years of experience representing clients accused of serious crimes. Our aggressive approach has paid off–we’ve helped countless clients beat or minimize the state’s charges over the years.

A strong defense is the only way to minimize the consequences of a criminal charge. Call our law firm in Phoenix, Arizona, to schedule a free consultation today.

How Orent Law Offices, PLC Can Help if You Were Arrested for Lewd Conduct in Phoenix, AZ

It can be tempting to chalk a lewd conduct charge up to a simple indiscretion and simply plead guilty. That’s always a mistake. Even if you’re only facing misdemeanor charges, you’ll have a criminal record that can haunt you for years to come if convicted.

Not all charges are supported by the evidence. The best course of action is to call an experienced Phoenix criminal defense lawyer who can work to have the charges dropped or reduced. 

When you retain Orent Law Offices, PLC, our attorneys will:

  • Investigate to determine whether the prosecution’s case is valid
  • Negotiate to have your charges dismissed or reduced
  • Identify any defenses to mitigate the criminal charges
  • Help you understand the consequences of any plea deal or offer

You don’t have to stand by and let the state prosecutors saddle you with a criminal record. Call an experienced Phoenix criminal defense attorney with decades of experience handling cases like yours today.

Overview of Lewd Conduct Laws in Arizona

Certain types of conduct are only acceptable in private. In Arizona, it’s a crime to engage in lewd or indecent behavior while you’re in public. These laws are designed to prevent the rights of others around you and to prevent acts that could be offensive or emotionally traumatic to others in your presence.

Arizona law criminalizes lewd conduct under the umbrella of “public sexual indecency” or “indecent exposure.”

Generally speaking, lewd conduct is some type of offensive activity or gratification of a sexual nature that happens in a public space. Police can charge you with lewd conduct if you engage in some type of sexually explicit activity that might offend others who are also present.

Most of the time, lewd conduct is a misdemeanor. However, there are circumstances where the charges can be elevated to a felony offense.

If you’ve been charged with a crime involving lewd conduct, it’s important to take the matter seriously. Lewd conduct is a type of sex crime. Prosecutors in Maricopa County take sex crimes of any nature seriously. Your first call should be to an experienced Phoenix lewd conduct attorney who can fight to defend your rights.

Public Sexual Indecency Laws in Phoenix, AZ

Under Arizona Revised Statutes Section 13-1403, acts that can give rise to public sexual indecency charges in Phoenix include:

  • Acts of sexual contact
  • Acts of oral sexual contact 
  • Acts of sexual intercourse
  • Acts of bestiality

To convict on public sexual indecency charges, the prosecution has to prove a few different things, including:

  • You knowingly or intentionally engaged in a prohibited sexual act
  • There was another person present
  • You were reckless about whether a reasonable person would be alarmed or offended by your actions

Public sexual indecency is a Class 1 misdemeanor. 

Public sexual indecency to a minor, however, is a more serious Class 5 felony. To convict you for public sexual indecency to a minor, the prosecution also has to prove that you were reckless about whether a minor under the age of 15 was present at the time of the offense.

Indecent Exposure Laws in Arizona

Arizona Revised Statute Section 13-1402 defines indecent exposure as exposing a person’s genitals, anus, or the areola or nipple of a woman’s breast. Breastfeeding is an exception to the law.

To convict on indecent exposure, state prosecutors must prove:

  • Another person was present
  • You were reckless about whether a reasonable person would be alarmed or offended by the exposure

Indecent exposure is a Class 1 misdemeanor if the other person was at least 15 years old at the time. 

However, if you were charged with indecent exposure, your offense can be aggravated to a Class 6 felony if one of the following is true:

  • The defendant has two or more indecent exposure convictions
  • The defendant has a prior conviction for sexual assault under ARS 13-1406 
  • The other person is under the age of 15

Defendants can also face much more serious Class 3 felony charges if:

  • The current indecent exposure charge is a felony
  • The person has two or more prior convictions for indecent exposure or public sexual indecency to a minor

The law imposes mandatory minimum sentencing guidelines if convicted of Class 3 felony indecent exposure.

What Does the Prosecution Have to Prove to Convict?

Lewd conduct cases often depend on whether a reasonable person would have been offended by your actions. Factors that could influence whether your conduct was alarming or offensive to a reasonable person include:

  • Where the activity took place (nudity might be appropriate, for example, in a locker room)
  • You willfully engaged in the behavior
  • It was reasonable to expect that someone else would see the behavior

The prosecution also has to prove beyond a reasonable doubt that you were “reckless” about whether another person might be alarmed or offended.

What are the Penalties for Lewd Conduct in Phoenix, Arizona? 

Punishment for a lewd conduct conviction depends upon the circumstances and how your charge is graded. If convicted, you could face:

  • Up to $2,500 in fines and between zero days in jail and six months in jail for a Class 1 misdemeanor conviction, plus probation
  • Up to one year in prison for a Class 6 felony
  • Two years in prison for a Class 6 felony conviction with aggravating factors

Judges can also impose a financial penalty of up to $150,000 for a Class 6 felony conviction.

The penalty for Class 3 felony indecent exposure includes a prison sentence of between six years and 15 years, depending upon whether aggravating factors or mitigating factors are present.

Collateral Consequences of a Lewd Conduct Conviction

Most people who are convicted of lewd conduct don’t have to register as a sex offender. However, if you’re charged with a felony offense as a repeat offender, you could become subject to Arizona sex offender registration rules. 

Being listed on the sex offender registry can make life difficult for years to come. Your friends, colleagues and neighbors will be able to access information about your crime. You’ll be required to update your information periodically or risk another serious felony charge.

Like any other conviction, penalties for a lewd conduct conviction extend well beyond possible jail time. A conviction stays on your criminal record–meaning that you might have to disclose it when you apply for jobs and housing. The damage to your reputation can be significant.

Our indecent exposure lawyers will work hard to have the charges thrown out so that you don’t have to worry about these and other consequences. To learn more about our aggressive approach to criminal defense, call for a free case review today.

What Defenses Can Be Raised if I’m Accused of Lewd Conduct? 

Even if you’re only facing misdemeanor charges, you need a strong criminal defense lawyer to avoid the long-term consequences of a criminal conviction. Our indecent exposure attorneys at Orent Law Offices, PLC are up to the task.

We’ll analyze every aspect of your case to determine the best defense strategy possible. While we always custom-tailor a defense to the specific circumstances of your case, some examples of defenses that may be effective include:

  • You didn’t intend to engage in the sexual conduct
  • It wasn’t reasonable for another person to be offended by your actions under the circumstances
  • Your actions were not reckless
  • You were not in a public space at the time of the alleged offense
  • You had no way of knowing that anyone else was nearby
  • You were intoxicated at the time of the offense (so that your charges could be reduced to disorderly conduct or a lesser offense)
  • You were mistaken for someone else

Law enforcement and prosecutors also have to respect your constitutional rights throughout the entire legal process. If your constitutional rights were violated, it may be possible to have statements or evidence excluded from consideration.

Our lawyers will thoroughly investigate your case to locate evidence to support your defense. We’ll carefully evaluate the prosecution’s evidence to poke holes in the state’s case and look for weaknesses that can work in your favor. 

Schedule a Free Consultation With a Phoenix Lewd Conduct Lawyer

If you’re facing public sexual indecency or indecent exposure charges, you deserve a strong legal defense. An experienced, tested Phoenix lewd conduct lawyer at Orent Law Offices, PLC will aggressively defend your rights and stand up for you at every turn. To get started, call or contact us today to schedule a free consultation.

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Orent Law Offices Phoenix Criminal Defense Law Firm