Skilled legal Defense for Rape, Child Pornography, Sexual Abuse and Prostitution
Sexual assault or rape are charged under ARS §13-1406 and are defined as intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without that person’s consent. It is one of the most damaging crimes a person can be charged with and the potential penalties are so extensive that they are referred to as “life-enders”.
Sexual assault is a Class 2 felony and carries a 5 to 14-year prison sentence for the first offense. If a person already has a rape charge on their record, they may be facing 7 to 21 years in prison. If convicted of a third offence, incarceration term can be anywhere from 14 to 28 years. In cases where a drug was used to subdue the victim, three years are added to the prison term and if there was any infliction of serious injury, the defendant could receive a prison term of 25 years to life. Additionally, the person has to serve 100% of their time before they can be eligible for release.
A sexual assault charges defense varies from case to case. A Miranda rights violation may be used in a rape charges defense. Before the police can interrogate the alleged perpetrator, the defendant has to be read their Miranda rights. If the police fail to do so, do it improperly or do it in a manner where the defendant is unable to comprehend what has been read, then any statement they make and any evidence obtained as a result of those statements may be suppressed.
An experienced sex crimes attorney may use the “denial of right to counsel” defense in certain situations. If the defendant requested to speak to an attorney and was denied that right, this defense may be used. Perhaps the police officer was excited and thought they were close to a confession so they disregarded the request or they continued telling the defendant they don’t need a lawyer and proceeded with their questions despite the request. Other defenses which may be used are challenging the validity of a search warrant and exposing forensic flaws.
We serve the cities of Mesa, Phoenix, Tempe, Scottsdale, Chandler, Glendale, Peoria, Paradise Valley, and Fountain Hills in Arizona.