Phoenix Sexual Assault
Being indicted for sex assault carries a social stigma and often causes embarrassment and humiliation for the accused, even when innocent of the crime. However, the more significant damage, aside from damage to your reputation, comes with conviction because sexual assault in Phoenix is a class two felony. Billar & Donald, P.C. are Phoenix sexual assault attorneys dedicated to protecting clients’ rights and defending them against Phoenix sexual assault charges.
Phoenix sexual assault law
Under Arizona statute 13-1406, sexual assault is defined as intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without his or her consent.
In a class two felony, sentencing prohibits eligibility for suspension of sentence, probation, pardon, or release from confinement. Administering certain drugs to the victim increases the maximum sentencing by three years. Aggravating or mitigating circumstances increase or reduce the number of years sentenced. The presumptive sentence is the standard number of years generally sentenced without mitigating or aggravating circumstances. Sentencing works as follows:
| First class two felony |
|
|
| Minimum |
Presumptive |
Maximum |
| 5.25 years |
7 years |
14 years |
| One prior felony |
|
|
| Minimum |
Presumptive |
Maximum |
| Seven years |
10.5 years |
21 years |
| Two or more prior felonies |
|
|
| Minimum |
Presumptive |
Maximum |
| 14 years |
15.75 years |
28 years |
If the victim was under 15 years of age, conviction follows the guidelines of Arizona statute 13-705 Dangerous crimes against children, which imposes a life sentence with no eligibility for suspension of sentence, probation, pardon, or release from confinement until the sentence is commuted or the individual has served 35 years.
Phoenix sexual assault defense
If convicted, facing the possibility of such extreme penalties makes it imperative to retain an experienced sexual assault lawyer in Phoenix. You need to have a knowledgeable attorney at your side immediately to protect your rights during interrogation and lineup identification, and to start preparing a strong defense strategy for your charge.
Sometimes, a lack of physical evidence (with only the accuser’s testimony) does not provide enough solid evidence to pursue a case. Our Phoenix sexual assault lawyers can make motions to suppress questionable evidence, use a psychological evaluation, or effectively cross-examine the accuser to discredit testimony.
Sex Crimes
Contact a Phoenix sexual assault attorney at Billar & Donald, P.C., or call at 1-888-442-3236 Our law firm is dedicated to answering your questions about sexual assault laws in Phoenix. Provide our attorneys with all the information about your legal issue so we can begin to help you.