Phoenix Sexual Assault Attorney
Have You Been Charged with Rape in Phoenix, Arizona?
Sexual offenses come with some of the toughest penalties of any crime.
If you are facing charges, then you may be experiencing the confusion,
stress, and fear that often accompanies this type of accusation. If you
find yourself in this situation, an experienced Phoenix criminal defense
lawyer can help you feel less overwhelmed. Do not hesitate to reach out
immediately to get the help you need! This is not a time where you can
simply sit back and hope for the best - you need to be confident that
you are doing everything possible to be proactive in your attempts to
Sexual assault is considered to be one of the most heinous types of
sexual offenses and if you're charged, you will likely find that you are facing an
uphill battle. Although legally you are to be considered innocent until
proven guilty, there will be a natural bias that you will find that you
have to fight as many will assume your guilt without giving you the benefit
of the doubt. This is unfortunate because not every criminal allegation
is based on fact. In many cases these charges can come from jealousy,
anger or even regret; these, however, are not solid sources for criminal
charges. If, for example, the original act was consented, it cannot later
be recanted based on second thoughts.
Brief Overview of Arizona Charges for Sexual Assault
Arizona Criminal Code §13-1406, the criminal offense of sexual assault is defined as the act of intentionally
having sexual intercourse with a person without their expressed consent
- this could be actual fornication or even oral contact. The state of
Arizona takes an extremely tough stance on criminal charges relating to
sexual assault and should you be criminally charged, you will find that
you are facing the consequences associated with a class 2 felony.
Depending on the circumstances of the arrest, you could also find that
the charges are elevated. For example, should the alleged victim be under
the age of 15, the charges will be elevated. Similarly, if there is evidence
that the victim was administered some chemical to help in the commission
of the alleged crime, then the penalties could be made more severe. Should
it be a basic first offense, the penalties will include incarceration
for a minimum of 5.25 years and a maximum of 14 years with a presumptive
sentencing of 7 years. Should there be prior convictions, this will be extended.
Common Defenses Against Rape Charges
Just because you have been criminally charged does not mean that you will
be criminally convicted. By working with an experienced criminal defense
attorney, you will be able to look into all possible avenues of defense
to build the strongest case possible.
Arizona Criminal Code §13-407 spells out several defenses that are legally accepted in cases involving
sexual assault. For example, it cannot be considered sexual assault if
it occurred while carrying out a medical practice.
Also, should the case involve statutory rape where the sexual intercourse
was between two consenting partners, but the alleged victim was under
the legal consenting age, it is a defense that the defendant did not know
the age of the victim. Similarly in statutory rapes, should the victim
between be the ages of 15 and 17, and the defend under the age of 19 with
no more than two years difference, then this could be a legally accepted
defense. While none of these can be used blindly, by having an experienced
attorney on your side, you will be able to look into the possibility of
the validity of these defenses and how they will be able to apply to your case.
Why Hire a Defense Lawyer From our Firm?
If you have recently been criminally charged with sexual assault, you do
not have a moment to lose. This is a serious criminal offense that will
have serious consequences. To ensure that you are doing everything possible
to protect your legal rights, it is highly encouraged that you get the
legal involvement of Knowles Law Firm, PLC as soon as possible. Led by
a former police officer, they have been successful in handling criminal
cases throughout the years. They have a full-bodied understanding of the
law and are able to apply this to their practice daily - allowing them
to represent their clients creatively, aggressively and, above all, in
their best interests.
Want to schedule your initial case evaluation? Don't wait to
contact a Phoenix sexual assault attorney from the legal team as soon as you can.