Scottsdale Sexual Assault Attorney
Sexual assault, commonly called rape, is one of the most severely punished crimes in Arizona. If you have been accused of sexual assault, contact a dedicated criminal attorney immediately. A Scottsdale sexual assault lawyer can fight to protect your rights and ensure you get a fair chance to defend yourself.
The former prosecutors at Grand Canyon Law Group have years of experience helping people in your situation avoid convictions. When a dismissal or acquittal is impossible, we could work to reduce the severity of a sentence.
For a free legal consultation with a sexual assault lawyer serving Scottsdale, call 480-400-5555
EXPLANATION OF THE SEXUAL ASSAULT STATUTE
Arizona Revised Statute §13-1406 defines the crime of sexual assault in this state. A person commits sexual assault if they intentionally or knowingly have sexual intercourse or oral sexual contact with another person without consent. Any contact between one person’s genitals and the mouth, genitals, or anus of the other person is sexual contact under the statute.
Consent means a person willingly agreeing to sexual contact. Someone under 18 is not legally capable of consent, and consent would not be a defense except in specific circumstances, such as if the accused and alleged victim are close in age. A Scottsdale attorney could advise whether consent could be a viable defense in a specific sexual assault case.
If the alleged rape victim is a legal adult, the prosecutor could prove the absence of consent in several ways. They might provide medical evidence or testimony indicating that the accused used physical force or that the alleged victim was incapable of consent due to mental or physical impairment or intoxication. The prosecution must prove the absence of consent—if they fail to prove that element of the crime, the defendant must be exonerated.
Scottsdale Sexual Assault Lawyer Near Me 480-400-5555
SPECIFIC PENALTIES FOR A RAPE CONVICTION
Rape is a Class 2 dangerous felony with severe penalties upon conviction. Someone convicted of sexual assault must serve the entirety of their sentence in prison and is not eligible for a suspended sentence, probation, parole, or early release. Our skilled local attorneys could explain the potential sentence a defendant faces in their sexual assault case and work to mitigate the consequences.
When someone convicted of sexual assault has no prior convictions, the sentence could range from five years and three months to 14 years, although the presumptive sentence is seven years. If the offender has a prior criminal conviction, the range is seven to 21 years, with a presumptive sentence of ten years and six months. If an offender has two or more prior convictions, the range is 14 to 28 years, with a presumptive sentence of 15 years and nine months.
Specific circumstances could enhance the sentence. For example, if the accused administered an intoxicant to the alleged victim, three additional years would be added to their sentence. If the alleged victim suffered serious physical injury, the sentence could be life with no possibility of release until the offender serves 25 years. If the alleged victim was 12 or younger, the offender must serve 35 years without the possibility of release.
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SEX OFFENDER REGISTRATION IN SCOTTSDALE
Anyone convicted of sexual assault must register as a sex offender in the county where they intend to live within three days of leaving prison. The sheriff will take fingerprints and photographs, and the offender must provide contact information, including:
- Residence address
- Vehicle description and license plate
- Telephone number
- Email address
- Any identifiers they use on social media as well as the social media platforms they use
The offender must update this information whenever it changes. A sex offender must update their driver’s license annually with a new picture and current residence. A person convicted of sexual assault must continue to report for life; failing to do so is a crime.
Sex offender registration is burdensome and could prevent an offender from reintegrating into society once released. Our Scottsdale sexual assault attorneys can request a hearing to relieve an offender of certain requirements. A judge may grant the request if legal counsel proves that the reoffending risk is low.
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CONTACT A SCOTTSDALE ATTORNEY TO DEFEND SEXUAL ASSAULT CHARGES
A sexual assault conviction leads to many years in prison, with no opportunity for early release. You must do all you can to avoid that result, including hiring an attorney with significant experience in sex crime defense.
A Scottsdale sexual assault lawyer at our firm understands what is at stake and will fight for your freedom. Call Grand Canyon Law Group today to speak with a legal advocate.
Call or text 480-400-5555 or complete a Free Case Evaluation form