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.
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
A person charged with any of the various sexual offenses is in serious trouble and could be facing mandatory prison!
In Arizona, sexual assault is a serious crime, and penalties can vary depending on factors such as the severity of the offense, the age of the victim, and whether force or weapons were involved. Sexual assault may fall under different statutes, such as rape, sexual abuse, or sexual conduct with a minor.
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.
Possible defenses to sexual assault charges in Arizona. Keep in mind that legal situations can be complex, and it's crucial to consult with an attorney for advice tailored to your specific case. Here are some common defenses that may be used in sexual assault cases:
- Arguing that the alleged victim gave explicit and voluntary consent to engage in sexual activity.
- Claiming that the accused was not the perpetrator and that there may have been confusion or a mistake in identifying them.
Lack of Evidence:
- Asserting that there is insufficient or unreliable evidence to support the charges, such as a lack of DNA or other physical evidence.
- Providing evidence that the accused was not present at the location where the alleged assault occurred.
- Arguing that the accusation is false, perhaps motivated by revenge, jealousy, or other personal reasons.
- Claiming that the accused was under the influence of drugs or alcohol and, as a result, did not have the requisite intent to commit the crime.
- Police Misconduct:
- Alleging that law enforcement engaged in misconduct during the investigation or violated the accused's rights.
8. Duress or Coercion:
- Arguing that the accused was forced or coerced into engaging in sexual activity against their will.
It's important to note that the effectiveness of these defenses can depend on the specific circumstances of the case, the quality of legal representation, and the available evidence. If you are facing charges of sexual assault in Arizona, it is crucial to consult with an experienced criminal defense attorney who can provide advice based on your situation.
Brian Di Pietro Law, PLLC Arizona's Tough Experienced Aggressive Sexual Offense Lawyer
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 39 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.
Contact Brian Di Pietro Law, PLLC at 623-242-2655 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.