Sexual Assault

What is 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 Di Pietro 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.

What are Penalties for 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.

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

Brian Di Pietro Law, PLLC Arizona's Tough Experienced Aggressive Sexual Offense Lawyer

Contact Brian Di Pietro Law, PLLC today for a free case evaluation about your pending sexual assault case in Arizona. Brian Di Pietro 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 Di Pietro Law, PLLC at 623-242-2655, for a free confidential case evaluation about your sexual assault charge 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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