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Sexual Assault in Arizona – A.R.S. §13-1406

Phoenix residents, and anyone who resides or visits the state of Arizona, must have consent from the other person before engaging in a sexual act. This is reinforced by A.R.S. §13-1406, which defines rape or sexual assault as an incident where someone has engaged in sexual intercourse, penetration, or has had oral sexual contact with someone without their clearly expressed consent.

Anytime a person is charged with assault of a sexual nature, they can face some of the harshest penalties handed down for any crime. The penalties for sexual assault charges in Arizona are so severe that they have been termed as “life enders” due to their long sentences for incarceration.

Penalties for Criminal Sexual Assault

 

A crime of this nature is classified as a class two felony, and the penalties will intensify with each subsequent conviction. Here are the penalties a person can face as a first-time offender.

  • Minimum five and one-quarter years in prison
  • Presumptive seven years in prison
  • Maximum 14 years of prison-time

 

Anyone who has multiple allegeable historical prior convictions on their record can be sentenced to anywhere from seven to 28 years in prison.

Additional Situational Sentencing for Sexual Assault

 

Depending upon evidence found during the investigation, a person’s sentence may be extended to reflect additional criminal acts. If a drug was used to commit the offense, such as the date rape drug (i.e. a roofie), then three more years can be added to a person’s sentence. If the accused purposely inflicted bodily harm that resulted in an injury to the victim, then the defendant could face anywhere from a 25-year to life sentence in prison. It is also important to understand that a person convicted of these charges will be required to serve the entire sentence before they are released.

Penalties for Sexual Assault If the Alleged Victim was a Minor

When such charges include an alleged victim that was under the age of 15 when the crime was committed, it will fall under the Dangerous Crimes Against Children (DCAC) classification. The penalties for a DCAC are a minimum of 13 years in prison and can extend to a maximum of 27 years served. Those with a prior felony conviction can face anywhere between 27 and 33 years in prison. If the alleged victim was under 12, the accused can be penalized with a sentence ranging from 35 years to a life sentence in prison. Anyone of is accused of multiple accounts must serve their sentences consecutively.

Once a person has been convicted of a sex-related crime involving assault on a victim of any age, it is mandated they must register as a sex offender. This is a lifetime mandate that includes no contact with anyone under the age of 18 until a person has completed specific testing procedures and has gained consent from their Probation Officers. Counseling and classes may also be required before a person can even be involved with their own children.

Defenses for Sexual Assault Charges

There are many situations in which a person may be facing sexual charges in Arizona that can be effectively defended by proving that consent was provided. In many of these cases, lines can become blurred in social situations that involve adults indulging in alcoholic beverages, such as at a college party or nightclub. Sometimes, a person who has become intoxicated and later regrets their actions may file a rape charge in an effort to protect their reputation. At the Law Offices of David Michael Cantor, our legal team knows that ruining one person’s reputation in order to save someone else’s is never appropriate. Therefore, we incorporate investigative techniques into our cases to identify evidence that could disprove a false claim of rape.

When a charge of rape has occurred, it is important for all evidence to be handled appropriately and within the right time frame or else it is not admissible. It is also important to act quickly so that our defense team can interview potential witnesses and gain insight into the reputation and character of the person making the accusation. If at any point during the investigation a defendant was not given access to an attorney before being questioned, then we can also defend their constitutional rights.

If you are facing sexual assault charges in Arizona, then you must act now to benefit from the experience of rape defense lawyers who understand how to work in your defense. To do so, contact us at (602) 307-0808 or click here to fill out our online form for a confidential initial consultation now.

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