Sexual assault or rape refers to any type of sexual conduct, whether masturbatory or penetrative, without the person’s consent. These allegations can involve various acts that fall under this basic definition.
Regardless of the specific circumstances, sexual assault accusations are serious and can carry life-altering penalties upon conviction. When the stakes are this high, you need to take immediate action to protect yourself and your future. A Phoenix sexual assault lawyer can defend you against these charges.
At Grand Canyon Law Group, our Phoenix sex crime lawyers are former prosecutors who know how to handle your case the right way. We use our legal knowledge and experience to fight for the most favorable outcome in your situation. Our team has helped thousands of clients protect their freedom; let us help you too. Call today for a confidential consultation.
How Our Phoenix Sexual Assault Attorneys Prepare and Present Your Case
A sexual assault accusation can leave you unsure of what to do or who to trust. Our Phoenix criminal defense lawyers take these cases seriously and start by learning what happened from your perspective.
Depending on your circumstances, preparing your case may involve:
- Reviewing the allegations: We examine the accusations carefully and look for inconsistencies, missing information, or other issues that may affect the case.
- Investigating the evidence: Our team can review police reports, witness statements, medical records, text messages, social media, photographs, videos, and other evidence.
- Examining digital evidence: Phones, messages, social media accounts, location information, and other digital records can sometimes provide important evidence in a sexual assault case.
- Challenging improper evidence: If evidence was obtained through an unlawful search, seizure, interrogation, or other violation of your rights, we can examine whether it should be challenged.
- Working with prosecutors: When appropriate, we can communicate with the prosecution and address weaknesses or problems with the case.
- Preparing for trial: If your case goes to trial, we prepare to challenge the prosecution’s evidence and present your defense in court.
You should not have to figure out a serious sexual assault charge on your own. Grand Canyon Law Group has former prosecutors on its team and focuses exclusively on criminal defense. We will make sure you know what to expect as your case moves forward.
For a free legal consultation with a sexual assault lawyer serving Phoenix, call 480-400-5555
Penalties for Sexual Assault in Phoenix
If a person is convicted of sexual assault, they face a mandatory prison sentence of at least 5.25 years, up to 14 years. Each sexual act can be charged separately, and those counts will come with consecutive prison sentences.
These are life-altering consequences. Our experienced sexual assault attorneys in Phoenix can explain your legal options to fight charges. A strong defense strategy could reduce your sentence or help you avoid prison time altogether.
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Aggravating Factors in Rape Cases
Multiple factors could lead to aggravated charges and increased penalties in a sexual assault case, including:
- Harm or physical injury to the victim
- The span of time or the number of counts allegedly committed
- Any emotional or financial harm to the victim
- Any prior convictions by the defendant
The prosecutor can allege many other aggravating factors beyond the ones listed above. If they can convince a jury, these factors may lead to increased prison time and other penalties. Our sexual assault lawyers in Phoenix can argue against aggravated charges and present mitigating factors to lessen the potential consequences of a sexual assault conviction.
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Mitigating Factors in Phoenix Rape Cases
If you are facing a rape or sexual assault charge in Phoenix, sentencing can depend on more than the charge itself. Arizona law allows courts to consider certain mitigating factors when deciding whether a lesser sentence within the applicable range is appropriate.
Depending on the circumstances, mitigating factors may include:
- Age: The defendant’s age may be considered when determining an appropriate sentence.
- Impaired ability: The court may consider whether the defendant’s ability to understand that their conduct was wrong or follow the law was significantly impaired, as long as the impairment did not rise to the level of a legal defense.
- Duress: Unusual or substantial pressure or duress may be considered if it was not serious enough to serve as a complete defense.
- Minor participation: If the defendant played a relatively minor role in the offense, the court may consider that as a mitigating factor.
- Other relevant circumstances: The court may consider other factors involving the defendant’s character, background, or the circumstances of the offense if the court finds them to be mitigating.
Mitigating factors do not automatically reduce a sentence, and they do not erase a conviction. Their effect depends on the facts of the case and the sentencing laws that apply. If you are facing a serious sex crime allegation in Phoenix, our attorneys can review the circumstances of your case.
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Proving Lack of Consent
The central aspect of any sexual assault case is the lack of consent. This is often the most difficult part of the state’s case, although they must also prove that sexual acts occurred. Proving that the sexual act happened without a person’s consent is more challenging, leaving many potential avenues for a Phoenix sexual assault attorney to explore.
Confrontation Call
In many cases, the prosecution may try to prove the consent element through a confrontation call, also known as a one-party consent call. This involves an alleged victim or witness contacting the defendant on a secretly recorded call to try to get them to admit to the charges.
Inconsistencies in Witness Statements
People don’t always remember an event the same way over time. If someone’s story changes or their later testimony does not line up with what they originally told police, those differences can raise questions about how reliable the allegations are.
Ulterior Motives
Sometimes, there may be another reason behind an accusation. Personal conflicts, ongoing disputes, or an attempt to gain an advantage in another matter may be relevant to the case. If there is evidence of a possible motive, the defense can bring it to the court’s attention.
Physical Evidence
Physical evidence can also play an important role in a criminal case. For example, DNA evidence that does not match the accuser’s account or does not fit the timeline presented by the prosecution may raise questions about what actually happened.
On the other hand, some cases may have little or no physical evidence. When that happens, the defense can point out that the prosecution’s case depends heavily on the allegations themselves and argue that the evidence does not meet the burden of proof required for a conviction.
Pre-Charge Intervention for Sexual Assault Cases
A sexual assault investigation can begin long before you are formally charged. Police may interview witnesses, collect digital or forensic evidence, and try to speak with the person being investigated.
At Grand Canyon Law Group, our sexual assault attorneys in Phoenix can:
- Communicate with investigators: We can handle communications with law enforcement and help you avoid making statements that could later be used against you.
- Investigate the allegations: Our team can begin reviewing the facts, identifying witnesses, and examining available evidence.
- Review digital and forensic evidence: Text messages, social media activity, phone records, DNA, medical records, and other evidence may become part of a sexual assault investigation.
- Look for legal issues: We can examine how evidence was obtained and whether your constitutional rights were respected during the investigation.
- Present relevant information: When appropriate, your attorney may communicate with prosecutors or take other steps to present evidence that could affect the charging decision.
- Prepare for what comes next: If charges are filed, early preparation gives your defense team a better understanding of the case and the issues you may need to address.
Being investigated does not mean you are guilty, and you do not have to face the situation alone. Grand Canyon Law Group represents people throughout Arizona, including those who have not yet been charged. Our former prosecutors understand how criminal investigations are built and can help you understand your options before the situation moves further.
Sentencing Ranges and Enhancements for Sexual Assault Charges in Phoenix
A sexual assault conviction in Arizona can carry serious prison time, and the sentence can change based on the circumstances of the case. Under Arizona law, sexual assault is generally a Class 2 felony.
For a first offense, the standard sentencing range is a minimum of 5.25 years, a presumptive term of 7 years, and a maximum of 14 years. Prior felony convictions can increase those ranges. Some circumstances can also lead to additional or different sentencing consequences:
- Prior felony convictions: A person with one prior felony conviction faces longer prison sentences.
- Certain drugs: If the offense involved knowingly administering flunitrazepam, GHB, or ketamine without the alleged victim’s knowledge, Arizona law adds three years to the applicable minimum, presumptive, and maximum terms.
- Serious physical injury: If the sexual assault involved the intentional or knowing infliction of serious physical injury, the law allows for a life sentence, with at least 25 years required to be served before certain forms of release may be considered.
- Victim‘s age: Sexual assault involving a victim under 15 can be subject to Arizona’s separate sentencing provisions for dangerous crimes against children.
- Aggravating or mitigating factors: Arizona courts may consider legally recognized aggravating and mitigating circumstances when determining where a sentence falls within the applicable range.
- Multiple sexual assault convictions: Arizona law generally requires sentences for sexual assault convictions to run consecutively to other sexual assault sentences imposed at any time.
These sentencing rules can be complicated, and the specific range depends on the charges, prior record, alleged circumstances, and other factors in the case. If you are facing a sexual assault charge in Phoenix, Grand Canyon Law Group can review the allegations against you.
Phoenix Sexual Assault FAQs
Our team at Grand Canyon Law Group has compiled answers to some of the most common questions by people facing sexual assault charges in Phoenix.
How Long Does It Take to Resolve a Sexual Assault Case?
There is no set timeline for a sexual assault case. Some cases may move relatively quickly, while others can take months or longer. The timing can depend on how much evidence needs to be reviewed, how the investigation develops, court schedules, and whether the case is resolved before trial or goes all the way to court.
A case may move faster when the evidence does not support the charges, while more complicated cases can take much longer. Plea negotiations, hearings, motions, and other legal issues can also affect how long the process takes.
How Do Most Sexual Assault Cases End?
Sexual assault cases can end in several different ways. A case may be dismissed, resolved through a plea agreement, or taken to trial. What happens depends on the facts of the case, the available evidence, witness testimony, and the legal issues involved.
In some cases, prosecutors may dismiss charges when the evidence is not strong enough to move forward. Other cases may be resolved through a negotiated plea. If the case goes to trial, the prosecution must prove the charges beyond a reasonable doubt, and the court or jury decides the outcome based on the evidence presented.
How Do I Fight Sexual Assault Charges?
Fighting sexual assault charges involves challenging the evidence, questioning the credibility of witnesses, and highlighting procedural errors. Defenses may include lack of intent, misidentification, or proving consent.
The accused may also point out inconsistencies in the prosecution’s case or violations of due process. Success often depends on presenting a thorough, evidence-based argument and exposing flaws in the allegations.
Can Sexual Assault Charges Be Expunged in Phoenix?
In Phoenix, AZ, sexual assault convictions cannot be expunged due to the seriousness of the offense. However, under certain circumstances, a conviction may be “set aside,” which is similar to clearing the record but does not remove the conviction entirely.
This process can demonstrate rehabilitation and may reduce the impact of the conviction on future opportunities. Our sexual assault attorneys in Phoenix can determine eligibility and navigate the set-aside process effectively.
What Is the Law for Sexual Assault in Phoenix?
In Phoenix, the law for sexual assault is Arizona Revised Statutes § 13-1406. This crime is defined as engaging in sexual contact or intercourse without the other person’s consent. It is prosecuted as a serious felony, with penalties that include prison time and mandatory sex offender registration.
Aggravating factors, such as the use of force or the victim’s age, can lead to enhanced charges and increased penalties.
Contact a Phoenix Sexual Assault Attorney to Defend You
When you face sexual assault allegations, legal counsel can make all the difference in the outcome of your case. Our empathetic attorneys will listen and understand your side of the story while knowing how to fight the state’s case. Our Phoenix sexual assault lawyers will also work with experts to build a strong case for an acquittal on your behalf.
At Grand Canyon Law Group, we have the experience and know-how to defeat the charges against you. You may benefit from working with someone who understands these specific laws to help you navigate the legal system. Give us a call today to learn how we can protect you.
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