Phoenix Sexual Assault Lawyer

Experienced Defense Against Sexual Assault Charges in 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 sexual assault lawyer can help you feel less overwhelmed.

Impacts of a Sexual Assault Charge

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

Per 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.

Defenses Against Rape Charges in Arizona

Just because you have been criminally charged does not mean that you will be criminally convicted. By working with an experienced Phoenix sexual assault 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.

What Should You Do If You're Accused of Sexual Assault in Phoenix?

Being accused of sexual assault is a serious matter that can have life-altering consequences. If you are facing such allegations, it is crucial to take immediate steps to protect your rights and your future.

The first thing you should do is contact an experienced sexual assault defense attorney. Speaking with law enforcement or anyone else without legal representation can be risky, as anything you say may be used against you in court. Even if you believe you can explain the situation, it is important to let your attorney handle all communications to ensure that your defense is presented properly.

Refrain from discussing the case with friends, family members, or on social media. Any comments you make, even in private settings, can potentially be brought up in court. Your attorney will guide you on how to handle conversations about your case to avoid unintentional harm to your defense.

Collect and preserve any evidence that may support your case, such as text messages, emails, or witnesses who can confirm your side of the story. This evidence may be crucial in proving your innocence or providing context to the accusations.

Understand that Arizona law takes sexual assault charges very seriously, and penalties can include lengthy prison sentences and mandatory registration as a sex offender. With so much at stake, having an aggressive and knowledgeable attorney by your side is essential. We will thoroughly investigate the case, challenge the evidence, and work tirelessly to defend your rights.

If you've been accused of sexual assault, taking immediate and decisive action is the best way to ensure the strongest possible defense. Let us fight for you during this difficult time.

Contact Our Phoenix Sexual Assault Attorney Today

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.