Phoenix Sexual Assault Attorney

Have you been charged with rape in Phoenix, Arizona?

Sex-related crimes have some of the harshest penalties throughout the nation. If you have recently been criminally charged, then you are likely aware of the stress, social stigma and the confusion that you will be facing. It can be overwhelming to face charges such as this and if you find yourself in such a situation, it is important that you do not hesitate to get the involvement of an experienced Phoenix criminal lawyer. 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 defend yourself.

Sexual assault, also known as rape, 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.

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 Phoenix sex 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 the Knowles Law Firm 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.