Flagstaff office
123 N. San Francisco St. 3rd Floor
Flagstaff, Arizona 86001
(928) 774-1478
Sedona office
120 Soldiers Pass Rd
Sedona, Arizona 86336
(928) 282-5955
Sexual Assault
Under Arizona law, Sexual Assault is defined as, “intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.” (A.R.S § 13-1406).
Sexual Assault is a Class 2 Felony, and a person convicted is subject to strict sentencing guidelines set forth in A.R.S § 13-1406. The minimum, presumptive and maximum imprisonment terms vary based on several factors including the age of the victim, the defendant’s prior felony convictions, and other aggravating or mitigating factors. A person found guilty of Sexual Assault is not eligible for suspension of sentence, probation, pardon or release from confinement.
Statutory Rape
Sexual conduct with any person under the age of 18 is a criminal offense (A.R.S. § 13-1405). If the minor was under 15 and/or the defendant was in a position of trust (e.g., parent, teacher, pastor), then the defendant is guilty of a Class 2 Felony. If the minor was 15 or older, then the defendant is guilty of a Class 6 Felony.
There are several statutory defenses to the charge of Sexual Conduct with a Minor. First, it’s a defense if the minor was 15 or older and the defendant was 1) under 18 or still in high school, 2) no more than 24 months older, and 3) the sexual conduct was consensual. (A.R.S. § 13-1407(F)). A second defense exists if the minor was 15 or older and the defendant did not know and could not reasonably know the minor’s true age (A.R.S. § 13-1407(B)).
Violent Sexual Assault
A person may also be guilty of Violent Sexual Assault if he or she commits Sexual Assault 1) involving the “discharge, use or threatening exhibition of a deadly weapon or dangerous instrument” or the “intentional or knowing infliction of serious physical injury” and 2) the person has one or more prior felony convictions for a sexual offense in Arizona or any other state.
If you have been charged with a sexual offense, you will need a dedicated defense attorney to represent you. The AWD LAW® team is dedicated and experienced, and we will provide an aggressive defense. It is our goal to ensure that you receive the lowest sentence that is legally possible.
We are Northern Arizona’s DUI/DWI and Criminal Defense lawyers. Contact us at 1-800-774-1478 or 928-774-1478.
