Phoenix Sex Crimes Attorney
Defending Against Sex Crime Charges in Arizona
Some of the most serious and severely punished crimes in the state of Arizona are sex crimes. Even more minor offenses that do not involve bodily harm can be classified as felonies and incur a sentence of up to 1.5 years in jail or prison. Don't face your charges alone! The Phoenix sex crimes attorneys at MayesTelles PLLC have nearly 200 years of combined experience and have handled thousands of cases. We have the skills and knowledge to combat your allegations.
Call MayesTelles PLLC today at (602) 428-7104 or contact us online to schedule a consultation with our sex crimes lawyer in Phoenix.
Defense Against False Allegations
Some allegations of this nature are fabricated or exaggerated. These false accusations can come from a person who is angry, bitter, frightened, or confused. Evidence that proves guilt beyond a reasonable doubt is essential for a conviction. Common defenses against sex crimes include:
- Insufficient Evidence: This defense asserts that the prosecution lacks enough evidence to prove beyond a reasonable doubt that the defendant committed the alleged offense. If the evidence presented is weak or unreliable, it may not be sufficient to secure a conviction.
- Tainted Evidence: This defense challenges the credibility or admissibility of the evidence presented by the prosecution. It may involve arguing that the evidence was obtained illegally or was tampered with, making it unreliable or inadmissible in court.
- Mistaken Identity: This defense asserts that the defendant was misidentified as the perpetrator of the alleged offense. It may involve presenting evidence of an alibi or witnesses who can testify to the defendant's whereabouts at the time of the incident.
- Consent: In cases where the alleged sexual activity was consensual, the defense may argue that the encounter was not coercive. This defense relies on demonstrating that the alleged victim willingly participated in the activity and did not withdraw consent at any point.
- Innocence: This defense simply claims that the defendant did not commit the alleged offense. It may involve presenting evidence of the defendant's innocence, such as alibis, witnesses, or evidence that contradicts the prosecution's case.
- Mental Illness: If the defendant has a mental illness or disorder, the defense may argue that they were not capable of forming the necessary intent to commit the alleged offense. Mental illness may impact a person's ability to understand the nature of their actions or to control their behavior.
- Illegal Search & Seizure of Evidence: This defense challenges the legality of how evidence was obtained by law enforcement. If evidence was obtained through an illegal search or seizure, it may be deemed inadmissible in court, weakening the prosecution's case.
Common Types of Sex Crimes
These include:
Child Pornography: ARS §13-3553
Arizona's child pornography law, Arizona Revised Statutes § 13-3553: Sexual exploitation of a minor, explains that an individual can be charged with a violation of this law if he or she knowingly:
- Recorded, filmed, photographed, or in any other visual format showed a minor engaged in sexual conduct.
- Distributed (includes selling, purchasing, transmitting, etc.) sexually explicit material involving a minor.
In Arizona, sexual exploitation of a minor is a class 2 felony with more severe penalties for cases involving a victim under the age of 15.
Indecent Exposure: ARS §13-1402
Except for breastfeeding, exposing genitals, anus, or a woman's breasts constitutes indecent exposure, mainly if the person committed the act knowing that someone else would be offended or alarmed by it. Indecent exposure is charged as follows:
- Class 1 Misdemeanor – Indecent exposure to an individual 15 years or older.
- Class 6 Felony – Indecent exposure with two or more priors.
- Class 6 Felony – Indecent exposure to an individual under the age of 15.
Depending on the nature and severity of the offense, those convicted under this statute can face six to 15 years in prison.
Sexual Abuse: ARS §13-1404
Sexual abuse is a class 5 felony if the victim is 15 years or older and a class 3 felony if the victim is younger. The Arizona Revised Statutes define sexual abuse as intentionally or knowingly engaging in sexual conduct with someone without their consent.
Sexual Assault: ARS §13-1406
Sexual assault involves engaging in sexual acts with a person without their consent and is a class 2 felony in Arizona. In addition, there are enhanced penalties for individuals convicted of sexual assault assisted by administering a drug, as well as a sexual assault committed by someone who had one or more historical prior felonies.
Molestation of a Child: ARS §13-1410
According to ARS §13-1410,
A person commits molestation of a child by intentionally or knowingly engaging in or causing a person to engage in sexual contact, except sexual contact with the female breast, with a child under fifteen years of age. B. Molestation of a child is a class 2 felony that is punishable according to section 13-705.
Sexual Misconduct: ARS §13-1418
Sexual misconduct involves inappropriate behavior by a behavioral health professional such as a psychiatrist or psychologist. It is inappropriate for a behavioral health professional to engage in sexual relations with a patient unless the physician-patient relationship has been dissolved. Violation of this statute is a class 6 felony in Arizona.
Solicitation of Prostitution: Phoenix Municipal Code 23-52
Phoenix has its own municipal code against soliciting prostitution. According to this municipal code, anyone who offers to, agrees to, commits, or solicits prostitution is guilty of a misdemeanor. It is usually charged as a class 1 misdemeanor.
Violent Sexual Assault: ARS §13-1423
Violent sexual assault is the aggravated form of sexual assault outlined in § 13-1406. What makes it aggravated is the use or threatened use of a deadly weapon or dangerous instrument.
What are the Penalties for Sex Crime Convictions in Arizona?
In Arizona, the penalties for sex crime convictions can vary depending on the specific offense and circumstances involved. Here are some common types of penalties associated with sex crime convictions:
- Prison Sentences: Convicted individuals may face significant prison sentences, ranging from several years to life imprisonment, depending on the severity of the offense. For example, convictions for serious sex offenses such as sexual assault or child molestation can result in lengthy prison terms.
- Fines: In addition to imprisonment, individuals convicted of sex crimes in Arizona may be required to pay fines. These fines can vary in amount depending on the offense and may be imposed in addition to other penalties.
- Sex Offender Registration: Convicted sex offenders in Arizona are required to register with law enforcement authorities. Registration involves providing personal information to be included in a public sex offender registry, which is accessible to the public. The duration and level of registration can vary depending on the offense and the offender's classification.
- Probation: In some cases, individuals convicted of sex crimes may be sentenced to probation instead of or in addition to imprisonment. Probation typically involves strict supervision and adherence to certain conditions, such as regular check-ins with a probation officer, participation in sex offender treatment programs, and restrictions on contact with minors.
- Sex Offender Treatment Programs: Courts may require convicted sex offenders to participate in sex offender treatment programs as part of their sentence. These programs aim to address underlying issues contributing to the offender's behavior and reduce the risk of reoffending.
- Restrictions on Residency & Employment: Convicted sex offenders may face restrictions on where they can live or work, particularly in relation to proximity to schools, parks, or other places where children frequent. These restrictions, often referred to as "residency restrictions," aim to reduce the risk of reoffending and protect communities.
- Civil Commitment: In some cases involving sexually violent offenses or individuals deemed to be sexually violent predators, Arizona law allows for civil commitment proceedings. This involves the indefinite confinement of the individual in a secure facility for treatment and supervision, even after they have completed their criminal sentence.
Frequently Asked Questions
What Should I Do if I Am Accused of a Sex Crime?
If you find yourself accused of a sex crime in Phoenix, it is crucial to act swiftly to protect your rights. First and foremost, refrain from discussing the allegations with anyone other than your attorney to avoid inadvertently incriminating yourself. Contact MayesTelles PLLC immediately to gain access to a skilled legal team with deep familiarity with Phoenix's legal procedures. Our lawyers will work with you to gather evidence, witness testimony, and any other pertinent information to build a robust defense. Understanding the charges and what the prosecution needs to prove can shape your defense strategy. With our extensive experience on both sides of the courtroom, we tailor our approach to align with the unique aspects of your case, preserving your future and peace of mind.
What Impacts the Outcome of a Sex Crime Trial?
Several factors can influence the outcome of a sex crime trial. The evidence’s strength, the credibility of witnesses, and the effectiveness of the defense strategy all play pivotal roles. Additionally, the specific jury’s perspectives and the presiding judge can impact final rulings. At MayesTelles PLLC, we emphasize understanding these dynamics—our experience with local Phoenix courts allows us to adapt defenses to suit various legal nuances and tendencies. Moreover, our team consistently updates its knowledge on the latest legal trends and techniques, ensuring our clients benefit from cutting-edge defense strategies.
How Long Will a Sex Crime Case Take to Resolve?
The duration of a sex crime case can vary significantly based on its complexity, the evidence available, and the Phoenix court's schedule. While some cases may reach conclusions within weeks, others might extend over several months or even years. At MayesTelles PLLC, we prioritize transparency and client updates, continually communicating developments and setting realistic expectations regarding timelines. Our aim is always to achieve a swift resolution favorable to our client’s interests, without compromising on the quality of defense offered.
Can a Sex Crime Charge Be Expunged from My Record?
In Arizona, clearing a record or having a conviction set aside is complex and contingent upon the type of crime and various case factors. While it is difficult to expunge sex crime convictions due to their severity, some conditions allow for setting aside a conviction order. There may be opportunities to work towards other legal remedies that can obfuscate a conviction’s visibility on a public record. At MayesTelles PLLC, we consult with clients to navigate post-conviction relief options and explore every available opportunity to minimize the impact of a conviction on your future.
Are There Any Long-Term Consequences of a Sex Crime Conviction?
Sex crime convictions carry severe long-term consequences that extend beyond legal penalties. These may include social stigmatization, employment limitations, and housing restrictions. The conviction often demands mandatory registration as a sex offender, which significantly impacts life dynamics, particularly regarding residency and travel. At MayesTelles PLLC, our defense not only aims to avoid conviction but also considers these long-term implications, seeking mitigation measures wherever possible to support clients in regaining normalcy and rebuilding their lives after the case conclusion.
Contact Our Phoenix Sex Crime Lawyer Today
At MayesTelles PLLC, our lawyers give our all to the defense of each criminal case. Call now for a free initial consultation or fill out our online case evaluation to get started. After we review your case, we could guide you step-by-step through our legal process and provide you with experienced defense. If you or someone you love has been accused of a sex offense, we invite you to contact our firm. Discuss your case with one of our defense lawyers in a free consultation and learn more about your options. We offer flexible payment plans and special discounts, so don't hesitate to call and find out what we could do for you.
Contact us today to get started with our Phoenix sex crimes attorney.
We've Won Thousands of Cases
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Charges Reduced
MayesTelles client, R.J., charged with 18 counts of sexual abuse. Client was facing life in prison without parole. Results: Half of the charges were dismissed before trial, at trial the jury acquitted him on all remaining counts.
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Child Molestation, Sexual Conduct with a Minor, and Aggravated Assault
Client RJ was falsely accused of 18 counts Child Molestation, Sexual Conduct with a Minor, and Aggravated Assault. During the course of their representation, the attorneys at MayesTelles were able to force the State to dismiss half of the counts. The case proceeded to trial on the remaining counts. Following a lengthy trial, the jury acquitted RJ of all charges.
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Client Acquitted in Jury Trial
Client JG was charged with Indecent Exposure, a Class 1 Misdemeanor, in the East Mesa Justice Court. We had a jury trial and JG was acquitted of the charge.
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Client Charged with Prostitution
MayesTelles was able to achieve a case dismissal on behalf of a client charged with Prostitution.
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Client Faced 5 Felony Sex Offenses
Our client, Mr. C., was charged with five counts of felony sex offenses, including two counts of Sex Conduct with a Minor and three counts of Molestation of a Child. We were able to get the case dismissed upon a successful Motion to Dismiss. Location: Maricopa County Superior Court
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Dangerous Crime Against Children Charge
Our client was charged with Sexual Conduct with a Minor, which in Arizona is a Dangerous Crime Against Children. We were able to take this serious felony sex offense and achieve a complete case dismissal for our client.
Why Choose MayesTelles PLLC?
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Nearly 200 Years of Combined Experience
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Thousands of Cases Successfully Handled
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Voted Top 100 Trial Lawyers
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Available to Our Clients 24/7
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Former Prosecutors & Law Enforcement
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AV Preeminent Rated Attorneys