Sexual Assault and Violent Sexual Assault

Sexual Assault

The Crime of Sexual Assault in Arizona, A.R.S. 13-1406.

A person commits sexual assault in Arizona, A.R.S. 13-1406, by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.

Arizona criminal defense attorney Brian DiPietro has successfully represented many clients who had been charged with sexual offenses. His success is a result of his 37 years of criminal law both as a prosecutor and defense counsel. He is familiar with the case law applicable to the charge of sexual assault and is able to use this knowledge combined with his aggressive tough approach to defending his clients that have resulted in the favorable resolution of the crime of sexual assault for his clients.

A sentence imposed on a person for a sexual assault shall be consecutive to any other sexual assault sentence imposed on the person at any time.

Penalties for the Crime of Sexual Assault in Arizona, A.R.S. 13-1406

The penalty for the crime of sexual assault in Arizona, A.R.S. 13-1406, is a class 2 felony and the sentence shall not be suspended nor will probation, pardon or release from confinement until the sentence has been served.

If the victim is under fifteen years of age, sexual assault is punishable per 13-705.

If the sexual assault involved the intentional or knowing infliction of the serious physical injury, the person may be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon, or release from confinement until at least 25 years have been served. If the person was at least eighteen years of age and the victim was twelve years of age or younger, the person shall be sentenced per 13-705.

If the sexual assault involved the intentional or knowing administration of a “date rape drug” without the victim's knowledge the sentence shall be increased by three years.

Should the government charge and convict on multiple counts the penalty increases to a minimum of 7 years with a presumptive 10.5 years and a maximum of 21 years with a prior conviction and with two or more prior convictions the minimum increases to 14 years, the presumptive to 15.75 years and the maximum to 28 years.

Defenses to the Crime of Sexual Assault in Arizona, A.R.S. 13-1406.

Defenses to Sexual Assault in Arizona, A.R.S. 13-1406, could be the following:

  • mistaken identity
  • alibi
  • insufficiency of state's case

Brian DiPietro Law PLLC Arizona's Tough Experienced Aggressive Sexual Offense Lawyer

Contact Brian DiPietro Law PLLC today for a free case evaluation about your pending sexual assault case in Arizona. Brian DiPietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular sexual assault charge. Contact now Brian DiPietro Law PLLC at 623-242-2655, for a free confidential case evaluation about your sexual assault charge in Arizona.

Violent Sexual Assault

The Crime of Violent Sexual Assault in Arizona, A.R.A. 13-1423.

Violent sexual assault in Arizona, A.R.S. 13-1423, occurs in the course of committing an offense of:

  1. Sexual abuse, or
  2. Sexual conduct with a minor, or
  3. Sexual assault, or
  4. Molestation of a child

and the offense involved the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or involved the intentional or knowing infliction of serious physical injury and the person has a prior felony conviction for a sexual offense committed in Arizona or outside this state.

Arizona criminal defense attorney Brian DiPietro has successfully represented many clients who had been charged with sexual offenses. His success is a result of his 37 years of criminal law both as a prosecutor and defense counsel. He is familiar with the case law applicable to the charge of violent sexual assault and is able to use this knowledge combined with his aggressive tough approach to defending his clients that have resulted in the favorable resolution of the crime of violent sexual assault for his clients.

Penalty for the Crime of Violent Sexual Assault in Arizona, A.R.S. 13-1423.

A person convicted of violent sexual assault in Arizona, A.R.S. 13-1423, shall be sentenced to life imprisonment without being released on any basis for the remainder of the person's natural life.

Defenses to the Crime of Violent Sexual Assault in Arizona, A.R.S. 13-1423.

Possible defenses to violent sexual assault in Arizona, A.R.S. 13-1403, include:

  • fabrication
  • alibi
  • mistaken identity
  • insufficiency of evidence

Brian DiPietro Law PLLC Arizona Experienced Tough Aggressive Sexual Offense Lawyer for Violent Sexual Assault Criminal Charge

Contact Brian DiPietro Law PLLC today for a free case evaluation about your pending sexual offense case involving violent sexual assault in Arizona. Brian DiPietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular sexual offense charges. Contact now Brian DiPietro Law PLLC at 623-242-2655, for a free confidential case evaluation about your violent sexual assault charges in Arizona.

A person charged with any of the various sexual offenses is in serious trouble and could be facing mandatory prison.

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