Peoria Sexual Assault Attorney

Introduction

Sex crimes are serious offenses in Arizona and are prosecuted aggressively. If convicted of sexual assault, the alleged offender could face jail time, a hefty fine, and a spot in the sex offender registries. A charge of sexual assault can also have certain psychological effects. Accusations of sexual assault could result in public shame and similar non-legal consequences. 

If you have been accused of sexual assault in Peoria, you will need to act fast before the situation escalates. Speak with a qualified Peoria sexual assault defense attorney who will explain your legal options and provide you with the best defense possible. 

Sexual Assault Laws in Peoria

In Arizona, sexual assault occurs when an individual knowingly or intentionally engages in sexual intercourse or oral sexual contact with another person without their consent. Without consent includes acts of coercion or threats of force used against a person. 

Sexual assault laws also protect individuals who may be incapable of giving consent by reason of mental defect, alcohol, drugs, sleep, or some other cognitive impairment known or that should have been reasonably known to the offender.

Arizona Revised Statutes § 13-1401(4) defines sexual intercourse as penetration into the vulva, penis, or anus by any body part or object, or masturbatory contact with the penis or vulva. These Statutes define oral sexual contact as oral contact with the vulva, penis, or anus.

Crimes of sexual assault in Arizona may include rape, statutory rape, rape of a minor, spousal rape, gang rape, or date rape.

Sexual Assault Penalties in Peoria

In Arizona, a sexual assault conviction is typically a class 2 felony. However, the penalties of sexual assault can vary based on several factors, such as the age of the victim and the alleged offender’s criminal history. 

A first-time sexual offender may be sentenced to:

• 5 to 14 years in prison
• Fines ranging from $750 to $150,000

A sexual offender with one prior felony may be sentenced to:

• 7 to 21 years in prison
• Fines ranging from $750 to $150,000

A sexual offender with two or more prior felonies may be sentenced to:

• 14 to 28 years in prison
• Fines ranging from $750 to $150,000

Arizona Revised Statutes § 13-3821 also expresses that a convicted sexual offender may be required to register as a sex offender within ten days of the conviction.

If the victim of the alleged sexual assault was under the age of 15 years, more serious penalties may be enforced. Arizona Revised Statutes § 13-705 states that an offender who is found guilty of a dangerous crime against a child may be sentenced to life in prison and will remain ineligible for suspension of their sentence, pardon, probation, or release from confinement.

Defenses for Sexual Assault in Peoria

Alleged offenders accused of sexual assault require intelligent, strategic defense that only an experienced Peoria sexual assault defense attorney can provide. When you work with a JacksonWhite Peoria criminal defense attorney, you can depend on our practice to investigate the details of the allegations and build a strong case on your behalf. 

Our team will look at all possible options for resolution, such as dismissal or reduction of charges, plea agreements, and other alternatives to incarceration. We will also consider both technical and holistic defenses that may show a lack of credibility for the prosecution.

If there is a statute of limitations element available, a sexual assault defense attorney will generally file a motion to have the charges immediately dismissed. If a statute of limitations violation has been ruled out, alternative defenses will be discussed.

In Arizona, the prosecution must prove that the defendant engaged in sexual intercourse or oral contact with the accuser, acted intentionally or knowingly, and acted without the consent of the accuser. These elements must be proven beyond a reasonable doubt.

JacksonWhite will meticulously analyze every statement given by the accuser and any witnesses to create reasonable doubt. A detailed look at the accuser’s background and the unique circumstances surrounding the case may also create reasonable doubt by establishing the accuser’s motivation. An accuser’s motives for making a false claim can range from embarrassment and revenge to financial incentives and divorce disputes. 

Speak with a Peoria Sexual Assault Attorney

Sexual assault is one of the most serious crimes that a person can be charged with, and the possible consequences of a conviction can be physically, emotionally, financially, and psychologically draining. If you have been accused of a sexual assault crime, contact JacksonWhite today to schedule a consultation with a Peoria sexual assault defense attorney.

Call the Peoria JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.