Some of the most serious and harshly punished of all crimes in Arizona are sex crimes. You could face serious felony charges even for a minor sex offense even if you didn’t cause an injury to the victim. Sex offenses vary from minor crimes like indecent exposure to more severe crimes like rape or child molestation. Most sex offenses are charged as felonies. If found guilty in Phoenix, AZ, possible penalties include a prison sentence, fines, and a sex offender registration.
Having a sex offenses conviction lingering in your criminal record could be detrimental to your life. This is because most people are reluctant to associate with sex offenders. Fighting sex crime charges requires guidance from a competent sex defense attorney. At Arizona Sex Defense Attorney, we will review your case and guide you through the legal process to ensure a favorable outcome in your case.
Sex crimes are serious offenses. The criminal law of Arizona seeks to punish individuals convicted for crimes of this nature severely. If you face charges or are under investigation for a sex crime, you may have many questions about the nature of your charges and the possible consequences. The following are some of the most frequently asked questions.
Should you learn that you are under investigation or a warrant to arrest you for a sex crime, you need to contact a sex defense attorney. Sex crimes are investigated thoroughly, and a conviction could take a toll on your life. Therefore, it is crucial to navigating through the complicated process with competent legal guidance. Many sex crimes are investigated purely on allegations. Consequently, you should avoid speaking with investigators without your attorney's presence. The information you provide could be used to incriminate you further.
The penalties you face after a conviction for a sex crime are severe. However, the penalties vary based on the nature and severity of the crime you committed. Some of the most common penalties you face include:
The laws of Arizona on sex crimes are complicated. The way you handle your case from the arrest will significantly impact the outcome of your case. Some of the mistakes you need to avoid when you are under investigation for a sex crime include:
Different sex crimes have different elements that the prosecutor needs to prove before you face a conviction. The prosecutor presents all the evidence collected against you in an attempt to establish the elements. Proving the elements of a sex crime is easier when there are images or witnesses to the crime. If the prosecutor has the photos such as those of child pornography, it can be challenging to dispute the evidence. However, they will need to establish their position and involvement in the activity.
When prosecutors handle sex crimes in Arizona, they tend to move forward with a high degree of aggressiveness. This means that they will use the slightest piece of information to secure a conviction. Most allegations of sexual abuse, assault, or rape lack physical evidence and mostly rely on victim testimony or mere allegations. Having a competent attorney by your side will help scrutinize any statement or evidence presented by the prosecution. If there is reasonable doubt in your case, you may have a chance to beat the charges.
In Arizona, sexual assault is an event where you knowingly and intentionally engage in sexual intercourse or oral sex without consent. Sexual assault in Arizona can include any of the following acts:
A conviction for sexual assault resulted in a lengthy prison sentence when the victim of your actions was a child under age fifteen. A conviction for sexual assault is punishable with a prison sentence of up to 14 years for a first offense,21 years for a second offense, and twenty-eight years for a third offense. Also, all individuals convicted of sexual assault are required to register as sex offenders.
On the other hand, sexual abuse is indirect or direct touching or fondling another person's body part without their consent. It is crucial to understand that consent cannot be an issue in cases involving minors. The penalties of sexual abuse vary based on the class of felony you are facing. When you are convicted for sexual abuse of a child below fifteen years, your charges will be aggravated to a level three felony.
Other aggravating factors in a sexual abuse case may include your prior criminal offenses. Even though there could be an overlap between sexual assault and abuse, the court requires that the prosecutor establish each crime's specific elements before you face a conviction.
Like other crimes, sex crimes are processed by law enforcement and tried in courts within the jurisdiction the crime occurred. A sex crime that occurs in federal property or jurisdiction is tried in federal court. The United States constitution gives more power to federal courts as compared to state courts. Sex crimes can be tried in both federal and state courts. Depending on the severity of the crime, a case could start in federal court and end in a state court.
Some sex-related crimes that are often tried in federal court include:
Facing a federal sex crime charge is more complicated than in a local court. This is because more time and expertise are put into federal cases. Also, a conviction for a federal crime will result in more severe punishment.
In Arizona, rape is a serious crime punishable by a prison sentence of up to fourteen years with no possibility of an early release. Spousal rape occurs when you have sexual intercourse with a domestic partner or spouse without their consent. You could be charged with marital rape regardless of whether you live with the alleged victim or not.
In the recent past, spousal rape was charged as the lowest form of a felony in Arizona. However, things have changed, and the crime is viewed the same as other forms of rape. In a rape case investigation, there are specific rules designed to protect the alleged victim. Therefore, if you face these charges, you mustn't say anything to investigators until you have consulted a competent sex defense attorney.
A conviction for rape attracts a sentence of not less than five years. If you used a rape drug to carry out the crime, your prison sentence increases by three years. Sometimes, domestic issues could push your spouse to fabricate spousal rape allegations. Therefore, if you have been wrongly accused, you can build a defense to your case. Common defenses to marital rape may include false claims and consent.
Several different behaviors constitute sex crimes in Arizona. Some of the most common sex crimes you can be charged with include:
In Arizona, anyone who faces a conviction for a sex offense must register as a sex offender. The sex offender registry is public. Therefore, being a sex offender will limit your ability to secure employment or find a place to live. When you want to visit another state, you must update your details on the sex offender registry. There are three tiers of sex offenses categorized by the severity of the crime. Each level specifies a different length of registration:
Child sex crimes involve sexual misconduct with a child. In Arizona, these crimes often result in severe consequences. Even when you did not know that the alleged victim was a minor, your arrest and conviction will significantly affect your life. Some of the offenses that constitute child sex crimes include:
Under ARS13-3552, you could face charges for sexual exploitation of a minor if you knowingly persuade, entice or coerce a minor to engage in an exhibition or sexual conduct to produce visual depiction. Child pornography is a class two felony. The penalties you face after a conviction will vary based on the age of the minor.
For minors between the age of fifteen and seventeen, you will face a prison sentence of up to twelve years. Child pornography for minors under fifteen years attracts a sentence of up to twenty-four years. If child pornography is depicted on a movie or live show, you will be sentenced according to ARS 13-706 on dangerous crimes against children.
You violate ARS 13-1405 when you knowingly or intentionally engage in sexual intercourse or oral sex with an individual below eighteen years. Sexual conduct with a minor is one of the most severe crimes that you could be charged with within Arizona. Statutory rape can be charged as a class six or class two misdemeanor depending on the minor's age. If you or your loved one faces criminal charges for sexual conduct with a minor, you will require competent legal guidance and representation.
Child molestation is a crime that involves intentionally engaging in sexual contact with a child below 15 years. For this statue, sexual contact could be in the form of fondling or contact with the genitals. If penetration occurs, you could be charged with sexual conduct with a minor instead of molestation. Child molestation is a class 2 felony punishable by a 35 years prison sentence. Additionally, you will have to register as a sex offender for a lifetime.
Even though some sex crime allegations arise from accidental or unintentional conduct, an arrest or conviction for a sex crime in Arizona has serious repercussions. Besides the legal penalties you face after a conviction, sex crime allegations could result in the following consequences:
If you or your loved one is accused of engaging in illegal sexual acts, you will require a solid defense to help you avoid these life-changing consequences.
Some sex crime allegations are fabricated or exaggerated. False accusations can come from an angry or bitter person. Fortunately, not all arrests and charges for sex crimes result in a conviction. You can build a strong defense for your case with the following defense strategies:
Yes. In some cases, you can apply to terminate your sex offender registration in Arizona. However, it would be best if you satisfied various conditions, including completion of probation. Before your name and information are removed from the sex offender registry, your application must be approved by the court.
Sex crimes result in severe charges. In Arizona, sex crimes are different from other offenses since they undergo a thorough investigation. These offenses don't have a statute of limitations; hence, you could be charged even if many years have passed since the alleged incident occurred.
Facing charges for a serious sex crime could result in serving a long prison sentence or paying hefty fines. Fortunately, not all arrests for sex crimes will result in a conviction. With help from your attorney, you can build a strong defense against these charges.
If you or your loved one is facing sex crime charges in Phoenix, AZ, you will require guidance and representation from an aggressive legal team. At Arizona Sex Defense Attorney, we will work hard to build a defense and help you navigate the case for the best possible outcome. Contact us today at 602-922-3272.
Nobody deserves to face extreme prejudice for facing sex offense charges, primarily because he/she may not even be guilty of the offense. However, members of society may sideline you and prevent you from chasing your goals based on a sex offense conviction. If you want to avoid the persistent consequences of conviction as a sex offender, you want to work with a qualified defense attorney with years of experience in the field.
We have perfected our craft at Arizona Sex Defense Attorney, so you can expect to receive the best legal representation before and during the trial. Our track record attests to our high-quality service delivery, along with numerous testimonials from clients we have worked with. You do not have to deal with sex crime accusations in Phoenix, Arizona alone. Reach us today for more information on sex defense services at 602-922-3272.