Disclaimer - Results depend upon factors unique to each case and that results in one case do not predict similar results in others.
REDUCED TO PROBATION – Sexual Assault and Sexual Conduct with a Minor
REDUCED TO PROBATION – Sexual Assault and Sexual Conduct with a Minor, State v. Mr. Y. (DMC No. 9806) (Maricopa County Superior Court No.: CR2010-139405): Mr. Y. was a 25 year old living in an apartment who was partying with some people, including a 16 year old girl. During the course of the night, the girl and Mr. Y were drinking and ended up having sex. Although he knew she was under 18, he was under the belief that she was going to have her birthday within a couple of weeks. After Mr. Y had left the apartment, the girl spoke with her friends and then claimed that she “must have been sexually assaulted”, although she did not remember anything. After the police were called, Mr. Y was arrested. We were able to show that the sexual assault claim lacked any merit (although it carried a potential of over a decade in prison), but Mr. Y did knowingly engage in sex with a girl under 18. The original offers from the Prosecutor’s involved designated felonies and convictions with prison time. We were able to convince the Prosecutor to offer an Undesignated Felony to a Child Abuse Charge with 6 months of jail time and Work Furlough. Upon completion of Mr. Y’s probation, the charge will be reduced to a Misdemeanor.
REDUCED TO PROBATION – Sexual Assault and Kidnaping,
State v. Mr. D. (2003031091CR): Mr. D. was 19 years old when he was drinking with a 16 year old female. They engaged in consensual sexual activity. When the girl’s father found out, she claimed she had been taken advantage of and was basically raped. Although Mr. D. was facing over a decade in prison, we were able to show through a Psychosexual Risk Evaluation that he was not a risk to society, and that the girls was most likely covering the fact that she had consensual sex because her father was upset. We were able to secure a plea to Attempted Sexual Assault with probation and zero days in jail.
REDUCED TO PROBATION – Child Molestation, State v. Mr. K.
(1999091080CR): Mr. K. was a 15 year old who was charged as an adult for attempting to have sex with a 4 year old. Mr. K. was learning disabled, in Special Education, and had been held back in school. We were able to demonstrate that he also suffered from some additional mental issues. After a Psychosexual Risk Evaluation was conducted, we showed that with counseling he would not be a risk to society. Ultimately the case was reduced to Attempted Child Molestation. Mr. K. was sentenced to probation and 12 months jail with work release. Originally he was facing 10 to 24 years in prison.
REDUCED TO PROBATION – Sexual Assault, State v. Mr. W.
(DMC No. 260) (Maricopa County Superior Court No.: 97-92798CR): Mr. W. worked at a local fast food restaurant as a 21 year old manager. He engaged in sexual conduct with a seventeen (17) year old worker, who then claimed that she was coerced into sex by her boss. Her parents had hired an attorney and filed a law suit seeking millions of dollars in compensation. Mr. W was charged with Sexual Assault. We were able to explain to the prosecutor that this was actually consensual sex with a minor over the age of fifteen (15) and should be a Class 6 Undesignated Felony. Mr. W was sentenced to probation, and at the completion of probation his charge was designated a misdemeanor. He received no days in jail, even though he was initially facing years in prison.
