If you are arrested by the police at your home or office based on allegations that you committed sexual assault, every facet of your life can change instantly. While many people are familiar with the term “rape”, this is not a legally recognized term under Arizona’s criminal statutes. The general term sexual assault encompasses criminal offenses that in other states would be referred to as “forcible rape”, “date rape” and “statutory rape”.
Under Arizona Statutes 12-1406, sexual assault entails knowingly or intentionally engaging in sexual intercourse or oral sexual contact without the consent of the other individual involved in the act. If the offense occurred while the parties were on a date, often involving the use of alcohol or drugs to incapacitate the victim, this form of sexual assault is akin to “date rape” in other jurisdictions. Arizona’s version of sexual assault that is akin to “statutory rape” in other states involves sex by someone over the age of 18 with a minor who is under the age of 18.
Providing Tenacious Defense Against Allegations of Date Rape – Forcible Rape – Statutory Rape
When you are charged with a sexual assault in Phoenix, you will have lots of questions and concerns about the future. Our experienced Phoenix sexual assault defense attorneys at Ariano & Associates, PLLC provide candid answer and aggressive representation. We know that when you are convicted of sexual assault, it can impact your job, future career aspirations, family relationships, immigration status and more. We carefully review police reports, DNA evidence, witness statements and other evidence to identify weaknesses in the state’s case. Our goal is to obtain the best possible outcome for clients facing this type of serious criminal charge.
Penalties Associated with Sexual Assault Charges in Arizona
There are many factors that can impact the punishment associated with a sexual assault conviction in Maricopa County. A first offense generally constitutes a Class 2 Felony which carries a sentence between 5.25 years and 14 years with 7 years being the presumptive sentence. These prison terms increase dramatically if you have prior felony convictions. For example, the minimum increases to 14 years with two prior felonies, and the maximum increases to 28 years.
Certain types of other factors that can impact sentencing for a sexual assault include the following:
- Sexual assault that is akin to statutory rape in other states constitutes a Class 2 Felony if the minor is under 15 or a Class 5 Felony if the minor is at least 15.
- If the accused is 18 and the alleged victim is 12 or under, a conviction of sexual assault can result in a maximum prison term of 35 years.
- When the accused commits a sexual assault that is “deadly” and “intentionally inflicts physical injury”, the sentencing range is 25 years to life.
Speak with a Phoenix Arizona Sex Crimes Lawyer Today!
Our attorneys at Ariano & Associates, PLLC understand that conviction of a sex crime can have a catastrophic impact on your future, including a long period of incarceration in state prison, mandatory lifetime registration as a sex offender and permanent damage to your reputation. Our law firm uses experienced investigators, forensics experts and others to build the most compelling defense of our clients based on the law and facts. Whether we are challenging the credibility of complaining witnesses, exposing sloppy lab handling of DNA evidence or revealing improper searches or interrogations in violation of our client’s rights, we will aggressively fight to protect you from the serious consequences of a sexual assault charge. Contact Ariano & Associates at623-242-1449, so we can answer your questions and defend your rights.