Any criminal charge could negatively impact your life, but sex crimes carry a certain stigma that often results in irreparable personal and professional damage.
If you face charges for a sex crime, it is crucial to take immediate action in order to defend your rights and protect your future. A Mesa sex crimes lawyer can help protect your rights and your reputation.
At Grand Canyon Law Group, we understand how to defend our clients from sex crime accusations. Our Mesa criminal defense lawyers have handled thousands of cases, and we are confident in our ability to provide outstanding legal defense. Call or complete our online contact form today to schedule a free consultation with a member of our legal team.
What Is a Sex Crime?
In Arizona, sex crimes are governed under Title 13 in Chapter 14 of the Arizona Revised Statutes. This area of criminal law describes an overarching set of behaviors that occur without a person’s consent or with a person who is unable to consent due to various reasons, such as their age.
There are at least a dozen separate offenses that constitute sex crimes in Mesa. Incidents involving adults typically involve behavior that occurs without a person’s consent, such as:
- Voyeurism: Recording or viewing a person in the state of undress in an area where they expect privacy
- Sexual abuse: Touching the private parts or the breast of an adult person without that person’s consent
- Sexual assault: Sexual conduct or intercourse without a person’s consent
Sex crimes also encompass various offenses involving children, such as:
- Sexual conduct with a minor
- Molestation of a child
- Indecent exposure to a child
- Possession or distribution of child pornography
Sexually based offenses are some of the most severely punished crimes in Arizona. Many convictions come with mandatory jail sentences and sex offender registration, which can stigmatize a person for the rest of their life.
If you are accused of any of the following types of sex crimes in Mesa, our experienced Mesa sex crimes attorneys can help.
For a free legal consultation with a sex crimes lawyer serving Mesa, call 480-400-5555
The Criminal Case Process for Sex Crimes in Mesa
Understanding what happens after an arrest or formal charge can help a defendant understand why obtaining legal representation early is so important. The specific process depends on the offense, the evidence, whether the defendant is arrested, and how the prosecutor chooses to proceed.
Processing
After an arrest, an Arizona defendant generally must be brought before a judge for an initial appearance within 24 hours or be released. At this stage of the legal process, the court addresses the charges, the defendant’s right to remain silent and right to counsel, and conditions of release.
Preliminary Hearing or Grand Jury
For felony charges, the case may proceed through a preliminary hearing or a grand jury. At a preliminary hearing, the judge considers evidence and testimony to determine whether probable cause exists to hold the defendant for trial.
Alternatively, a grand jury may consider evidence presented by the prosecutor and determine whether there is probable cause to issue an indictment.
Arraignment
The next major stage is usually the arraignment. The defendant enters a plea, typically guilty, not guilty, or no contest. If a defendant pleads not guilty, the case proceeds toward pretrial proceedings and potentially a trial.
Arizona courts explain that a pretrial conference can provide an opportunity for the defense and prosecution to review the facts and evidence supporting the charges.
Pretrial Stage
During the pretrial stage, a sex crimes lawyer can examine the evidence, investigate witnesses, review police reports and digital evidence, identify inconsistencies, and determine whether evidence was obtained lawfully.
Depending on the circumstances, the defense may also challenge the admissibility of evidence, seek dismissal of charges, negotiate a resolution, or prepare the case for trial.
Trial
If the case proceeds to trial, the prosecution must present evidence intended to prove the charges beyond a reasonable doubt. The defense can cross-examine witnesses, challenge the State’s evidence, present its own evidence when appropriate, and raise applicable defenses. A defendant remains presumed innocent unless and until the State proves guilt.
Sentencing
If there is a conviction, the case proceeds to sentencing. Depending on the offense and circumstances, sentencing may involve imprisonment, probation, fines, or other court-ordered consequences. Some Arizona sex offenses have particularly restrictive sentencing provisions.
For example, Arizona law provides that a person convicted of sexual assault generally is not eligible for probation or suspension of sentence except where specifically authorized by statute.
Appeal
If convicted, you may wish to appeal the conviction to a higher court. An experienced sex crimes attorney in Mesa can help explain your rights for appeal and help you through the process should you wish to proceed.
Mesa Sex Crimes Lawyer Near Me 480-400-5555
Consequences of a Sex Crimes Conviction in Mesa
The consequences of a sex crime conviction can be severe, up to life in prison for certain offenses. Sometimes, prison sentences are over ten years for every single offense that is charged.
In addition to harsh prison sentences, a sex crime conviction could come with mandatory sex offender registration, which may impact your reputation and future prospects in various ways. A criminal record of this sort can jeopardize housing options, employment and educational opportunities, or chances of receiving certain types of licensing.
Furthermore, you could lose the ability to be around minors or family members, travel freely in the community, or even use a computer. Because there are many different factors at play in Mesa sex crime cases, those facing these types of charges should work with our former legal prosecutors on a strong, well-tailored defense.
Sex Offender Registration Requirements in Arizona
Under Arizona Revised Statutes § 13-3821, there are specific offenses and circumstances that will trigger registration following a conviction or qualifying adjudication.
Additionally, the sentencing court can order registration for certain offenses. The registration requirements can be extensive. Registration can also have consequences beyond the registration itself.
Arizona maintains an internet sex offender website containing details about qualifying registered offenders, including identifying information, photographs, offenses, and notification-level information in circumstances specified by law. The duration and scope of registration vary from case to case. Under Arizona law, different rules and exceptions apply depending on:
- The offense
- The person’s age
- The person’s adjudication status
- Other circumstances
Certain offenses can result in long-term or lifetime registration, while specific statutory exceptions provide for different periods in limited circumstances.
Click to contact our Criminal Defense Lawyers in Mesa today
How Law Enforcement Investigates Sex Crimes
In conducting a sex crime investigation, the police may use various tactics. One common strategy is a confrontation call or one-party consent call, which involves setting up phone calls or texting between the alleged victim and the suspect to try to get them to make an incriminating statement. The police will then monitor and record the interaction to use as evidence at trial.
There are many types of information that the Mesa police may seek in a sex crime investigation, such as medical records or DNA evidence. Recently, digital or electronic investigations have also become increasingly common for sexual offenses such as child pornography charges.
In these kinds of sex crime cases, the police may investigate using complex computer programs to locate and trace the IP address for a suspect’s home in Mesa. Then, they could obtain a search warrant to further inspect for illegal activity.
Complete a Free Case Evaluation form now
Defending a Sex Crimes Case in the Investigative State
When a sex crime has not yet been charged, time is of the essence for anyone under investigation. If a suspect waits too long to contact legal counsel, they allow the police to obtain more information from them, including statements about the case or even confessions from confrontation calls.
To prevent the creation of incriminating evidence in a Mesa sex crime investigation, it is crucial for you to seek dedicated representation from our attorneys who can intervene on your behalf. If the police are still investigating a case, they are trying to determine if they have a basis for charges.
Our legal team can work to decrease the likelihood of your being charged by protecting you from giving statements or otherwise implicating yourself in sex crime offenses. Because the police rely on confessions from their suspect, aggressive defense early on in the investigation may help prevent sex crime charges from ever being brought.
Legal Strategies for Defending Against Sex Crimes Charges
For a sexual offense case, our skilled Mesa sex crimes attorneys will first investigate and evaluate the evidence that the state is relying on to bring charges. Using our experience and knowledge as former prosecutors, we will work to understand how they intend to get a conviction.
Essentially, our job in defending a person accused of a sex crime is to know every aspect of the case against them to find and challenge the weaknesses. Additionally, our attorneys will evaluate the accused person and present them to the court as a valuable member of society.
If there is a justification or mitigation that could help in negotiating for lesser charges or sentencing or serve as a defense, we can build a defense around it. At every stage, the legal team at Grand Canyon Law Group will assess the available arguments to determine an effective strategy for defending against the sexual offense charges.
Our Sex Crimes Attorneys in Mesa Will Work With Experts in Your Sex Offense Case
In defending against sex crime accusations, a lawyer will work with experts and use them in the client’s defense. Besides having a legal understanding of sex crimes, an attorney must know the psychological and emotional nature of these types of offenses.
Your attorney should have experience preparing for and cross-examining the state’s experts, including detectives, computer experts, and psychiatric or psychological experts. The legal professionals at our firm are trained in this field and understand how all these pieces work together in a sex crimes case.
Additionally, we have a pool of available experts we use and have a working relationship and trust built up with years of working together. This well-rounded knowledge is crucial in creating an effective defense.
False Allegations and Overcharging
Sex crimes allegations can result from misunderstandings, conflicting accounts, mistaken identification, inaccurate reports, or disputes over what occurred. In other cases, the evidence may not support every allegation made against the accused. Because sex crime accusations can carry severe consequences, a defense attorney must investigate the underlying facts.
A lawyer’s investigation may uncover inconsistencies between statements, contradictions in witness accounts, changes in an accuser’s version of events, communications that provide additional context, or other evidence that conflicts with the prosecution’s theory.
An attorney can also examine whether the charges filed by the State accurately correspond to the available evidence. Prosecutors may pursue multiple counts or more serious offenses when they believe the evidence supports those charges. Each charge has specific legal elements that the State must prove beyond a reasonable doubt.
How a Sex Crimes Lawyer Can Challenge False or Excessive Charges
When a person is accused of a sex crime, attempting to explain the situation directly to investigators may create additional evidence that prosecutors can use against the accused. An experienced attorney can serve as an intermediary and conduct an independent investigation before the defense position is presented to law enforcement or the prosecution.
Each count carries its own legal requirements, and the State must prove each required element to secure a conviction. Our defense lawyers can examine whether the evidence actually establishes those elements rather than assuming that the number or severity of charges reflects the strength of the case.
As former prosecutors, our team can also bring an understanding of how the State may evaluate a sex crime case. At Grand Canyon Law Group, our attorneys can identify weaknesses in the prosecution’s case and develop a defense based on the specific facts.
Defend Your Rights With the Help of a Sex Crimes Lawyer in Mesa
No matter the specific charge you face, you have rights and freedoms that are worth protecting. Our skilled legal team at the Grand Canyon Law Group has over 100 years of combined experience successfully defending against sexually based charges. We can use that knowledge and skill in cases involving various types of sex crimes in Mesa.
The penalties for sexual crimes can be severe. To protect your reputation and your future, contact a Mesa sex crimes lawyer for legal guidance during a free consultation today.
Call or text 480-400-5555 or complete a Free Case Evaluation form
