Beware: Be very cautious of visiting with a Criminal Law Firm who has you meet with a Non-Attorney Salesperson, rather than a Licensed Attorney.  They will then try to sell their “legal services,” even though they are not allowed by the State Bar of Arizona to give legal advice.  DM Cantor always has you meet with one of the Partners and Board-Certified Criminal Law Specialists in our office when consulting us regarding a Sexual Assault charge.

Phoenix Sexual Assault Charges and Their Elements

It is imperative that the Attorney or Law Firm you hired to represent you regarding a Sexual Assault Allegation knows the type of crime elements of the Sex Offense charge, the possible Punishment, and all of the Defenses which may be involved. The Statue of Limitations in the Arizona Justice System for Alleged Rape Victims to bring Criminal Sexual Assault Charges is seven (7) years from “Identifying” a Suspect. The range of Punishment can swing wildly depending on factors such as age of the victim, whether physical force was involved, and if there were any “drugging” allegations.

Not only does the DM Cantor Sex Assault Defense Lawyer Team know about all available Defenses, they are also aware of how any Allegations of Prior Convictions or how “multiple offenses committed on different occasions” can effect the Sentencing Range.  Look at the information below to determine the elements of the offense of which you are accused, and the possible Ranges of Punishment.

Sexual Assault – ARS 13-1406(A)

Definition:  In Arizona, per ARS 13-1406(A), Sexual Assault is defined as “intentionally or knowingly engaging in sexual intercourse or sexual contact with any person without Consent of such person.”  It is important to note that sexual contact includes anything involving “penetration.”  This could be penetration with fingers, another object, a person’s tongue, and obviously, a penis.

Stacking:  Under Arizona law, each individual incident during a single sexual encounter qualifies as its own violation of the statute.  This means that if a person has oral sexual contact, plus digital penetration with their fingers, and then sexual intercourse, they can be charged with 3 counts of Sexual Assault. Each individual charge’s Punishment has to be “Stacked,” and run Consecutive with each other count in regard to the Punishment.  That means the amount of Prison time for the three acts will be Three Times Longer than if there were a single Sexual Act!

[A] Class 2 Punishment: Sexual Assault per ARS 13-1406(B)

Class 2 Felony: Possible Punishment for Sexual Assault of an Adult (i.e., age 18 or over) for a First Offense per ARS 13-1406(B).  

• The Mandatory range is 5.25 years in Prison (Minimum) – a Presumptive Sentence of 7 years I Prison, and a Maximum of 14 years in Prison.

[B] Class 2 Punishment: Sexual Assault with Serious Physical Injury per ARS 13-1406 (B)

• If a Serious Physical Injury was Inflicted on the Alleged Victim during a Rape or Sexual Assault, the Judge “may” Sentence the Defendant to Life in Prison, and that Sentence cannot be eligible for release until after 25 years of day-for-day Prison has been Served.

[C] Class 2 Punishment: Sexual Assault of a Minor (DCAC)

Class 2 Felony: Possible Punishment for Sexual Assault of a Minor where the Alleged Victim is 12–14 years of age (i.e., a DCAC – Dangerous Crimes Against Children enhancement) per ARS 13-705(E).

• The Mandatory range is 13 years in Prison (Minimum) – 20 years Presumptive Prison time – and 27 years Maximum in Prison. This Prison time is “day for day” and cannot be reduced in any way.
• If the Alleged Victim is Under 12 years of age, then the Judge can Sentence the Defendant to Life in Prison, which cannot be reduced to Parole until 35 years of the Sentence has been served (day for day).

What if the Defendant has Prior Felony Convictions or has Multiple Offenses Committed on Different Dates?

If a person has a single Allegeable Prior Felony Conviction, then their Sentence will increase dramatically.  Now the Minimum Punishment will be seven (7) years in Prison; the Presumptive Sentence in Prison will be 10.5 years; and the Maximum Prison Sentence will be 21 years in the Department of Corrections. If a person has two (2) or more Allegeable Prior Felony Convictions, they then become what is known as “Category 3.”  This Range of Prison increases dramatically.  The Minimum Prison Sentence is now 14 years; the Presumptive Prison Sentence now increases to 15.75 years; and the Maximum Prison Sentence is 28 years in the Department of Corrections.

Regarding a Dangerous Crimes Against Children (DCAC) offense, if the person has a Prior “Predicate Felony” which can be Alleged (this includes another DCAC Conviction for Rape charges or a Prior Serious Felony offense), now the Incarceration could potentially become “life-ending.”  The Mandatory Minimum Prison Sentence is now 23 years; the Presumptive Prison Sentence is 30 years; and the Maximum Prison Sentence is 37 years in the Department of Corrections.  All of this time is what’s known as “Flat Time” or “day for day time,” and cannot be reduced in any way.

Although fines are normally not imposed, it is possible to receive up to $150,000 penalty. This does not include Surcharges and add-ons which would total 84% more.  In other words, you might be facing over a Quarter Million Dollars in fines if convicted of one of these charges!

Beware: Allegation of “Drugging” (i.e., Rohypnol, the “Date Rape Drug”) requires the Judge to add 3 years in Prison to any Sentence imposed.

• Per ARS 13-703, 13-704, and 13-705, If there are any Allegeable Prior Convictions, then all the Sentence will involve Mandatory Prison with much higher ranges of Prison – that’s why these types of cases are often referred to “Life-Enders.” If this is your situation, see a DM Cantor Sexual Assault Attorney immediately!

Click here… if you have not been charged with Sexual Assault yet, but the police are in the “pre-charge investigation stage” of your case.

We are an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Sexual Assault lawyer in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Sexual Assault Lawyers in Arizona know the system well.

The Collateral Consequences Of A Sexual Assault Conviction

Being convicted of a Sexual Assault can have Life-Long Consequences on a Defendant, which can occur long after Incarceration is over (such as while on Probation, or even after being fully released from all requirements).  Some of these Collateral Consequences can include Sex Offender Terms while on Probation, computer restrictions, and potentially having to Register as a Sex Offender.

Other Consequences of a Sexual Assault Conviction can include the Revocation of Professional Licenses, restrictions on what type of job you may be able to get; being banned from living in dormitories, or certain apartments; having to notify employers if you are required to Register as a Sex Offender; and a litany of other highly-restrictive and embarrassing factors. When looking to hire a Phoenix Rape Defense Lawyer or a Phoenix Sexual Assault Defense Lawyer to handle your Sexual Assault Case, you need to first find a Board-Certified Criminal Defense Attorney who routinely handles Sex Crime Charges. Check out the link below for a full list of Collateral Consequences to a Sexual Assault Conviction.

The 20 Best Sexual Assault Defenses In Phoenix, Arizona

1-4: False Allegation of Sexual Conduct or Non-Consent

1. False Allegations Made by (or Regarding) Minors in Custody Battles.

False Sexual Assault Allegations and Sexual Assault Allegations are becoming more and more common as a tactic during custody battles seen in the Arizona Family Courts. Read More

2. False Allegations of 13 to 17 Year-Olds.

Teenage girls are the highest category seen when it comes to False Allegations involving Sexual Assault. Read More

3. False Allegations of “Me Too” by Minors and/or Adults.

The “Me Too” Movement as spawn numerous investigations when it comes to False Allegations involving Sexual Assault. Read More

4. Suggestibility of Children/Improper Interview Techniques.

It is widely accepted that the human brain does not fully develop until 26 years of age, and therefore Children can be highly influenced by their Peers, their Parents and Police Officers into making false accusations. Read More

5–12: False Allegations of Sexual Assault Involving Computers

5. Unknowing Downloads/Sharing of Child Pornography 

File-Sharing Websites have become extremely popular in the last 15 years, and they have also created a wave of people who are being charged for Unknowingly Downloading Illegal Images and content. Read More

6. Hijacked Wi-Fi by Real Perpetrator

It has become more and more common for neighbors to “Hijack” a person’s Wi-Fi, and then Download Illegal Content, unbeknownst to the person who ultimately becomes the Defendant. Read More

7. Other Person in Household Used the Defendant’s Computer

It is a Defense to a Computer Crime if it can be shown that other people in a household, or residence of the Defendant had access to his computer. Read More

8. Tainted Evidence

We have seen numerous cases where Police have Mishandled Evidence and Improperly Conducted Forensic Examinations, thereby Tainting potential Evidence. Read More

9. Falsified/Planted Evidence

Many times cases will arise where a soon-to-be-ex-spouse, ex-girlfriend/boyfriend, or disgruntled coworker will Plant and Falsify Evidence on a Computer in order to “get even” with the Defendant. Read More

10. Undercover Sting Operations On-Line

Multi-Agency Task Forces routinely conduct Undercover Sting Operations Online throughout various intervals during the year.  Unfortunately, the tactics that these Undercover Detectives utilize are very suspect and questionable. Read More

11. Alleged Victim Lied On-line About Age

Unfortunately, in today’s world of online dating, many people get “Catfished,” because many people lie while they are sitting at their keyboards. Read More

12. Misunderstanding of Text String/Emojis On-line

During a Multi-Agency Task Force, Detectives will attempt to use Emojis during online conversations – unfortunately, they are not very good at it. Read More

13-15: Age-Based Defenses

13. Alleged Victim Lied About Age In-Person

It is a Defense under ARS 13-1407(B) if a person is 15 to 17 years of age lied about being 18 or older. Read More

14. Romeo and Juliette Laws/Close-in-Age Defense

Arizona has provided a Defense for High School Romances that involve situations where one of the people is no older than 19 years of age, and they are both still in High School.  This assumes that the Sexual Conduct is Consensual. Read More

15. Marriage Exception

Under Arizona law, there is an Exception which allows people 16 or 17 years of age to get Married to somebody who is 18 or older. Read More

16-19: Evidence-Based Defenses

16. Evidence Obtained Through Illegal Search and Seizure

We’ve seen many cases where Evidence was Improperly Seized without a Warrant, or was seized in Violation of a Warrant’s terms, or if the Warrant was obtained through False Statements in the by the Police Detective “Search Warrant Affidavit.” Read More

17. Miranda Violations and Coerced Statements

Most people have heard of Miranda Rights, but what they have not heard of, is the “Voluntariness Standard” which must be followed in Phoenix, by law, before Statements are allowed into Evidence. Read More

18. Police Bias, Exaggeration and Outright Falsehoods

Body-Worn Cameras are known as “Axon Video Cameras,” and they, unfortunately, can be subject to Manipulation by Police Officers. Read More

19. Coerced Face ID or touch ID to Access Devices

“Face ID” and “Touch ID” are utilized in addition or in place of, Passcodes on many I-phones, I-pads, and MAC Computers nowadays. Read More

20: Diminished Capacities And Mental Health Issues

20. Autism and Spectrum-Bases Defenses 

More and more people are being Diagnosed as being on the Autism Spectrum, or having Diminished Capacity, which can serve as a Defense to almost every type of Criminal Sexual Allegation. Read More

Mitigation

“Mitigation” is a term that refers to anything that can potentially Prevent Charges from Being Filed, Reduce the Charges that are filed, or Reduce the amount of Punishment that is imposed on any charge that is ultimately upheld. Citizens who need Legal help in Defending Sexual Assault cases should use David Michael Cantor, a Phoenix Sexual Assault Lawyer who is a Board-Certified Criminal Law Specialist and well-known Phoenix Rape Defense Attorney.

When representing a person for Sexual Assault Allegations, we immediately begin the Mitigation Process in order to convince the Detectives to shut down the Investigation.  We will also use this to convince the Prosecutor to Decline Filing Charges, or to greatly Reduce Charges.  The Prosecutor will look at both Statutory and Non-Statutory Mitigating Factors when making their decisions.  The Sexual Assault Defense Team at DM Cantor knows these factors inside and out, and we know how to put together a compelling “Mitigation Package.”

The items DM Cantor’s Sex Crime Lawyers will use in these Mitigation Packages include Polygraph Examinations; Psycho-Sexual Risk Evaluations; and Private Investigator/Attorney Investigation into the facts Alleged by the Accuser. We also include a complete History of the Defendant’s background, which could include Medical Records, rehabilitation/substance abuse Counseling Records, any Individual Educational Plan (IEPs) that may have been in place during a Defendant’s lifetime; and lastly, we will include a “Proportionality Review,” which includes similarly situated cases and how they were either “Turned Down” for prosecution, or greatly Reduced.  Check out the link below to see a full list of Statutory and Non-Statutory Mitigating Factors.

What We Do When We Represent You

When you hire DM Cantor to represent you to Defend Allegations of Sexual Assault, or actual charges for that crime, we always keep our “Core Purpose” in mind when we represent you: “We are here to help people navigate through the toughest times of their lives.”  When we perform our duties as a Sexual Assault Defense Law Firm, we always keep these three principles in mind: (1) do Hard Work, (2) have excellent Trial Skills, and (3) – perhaps the most important of the three – have High Touch Client Service.

When our Sex Crime Lawyers represent people in the Pre-Indictment/Pre-Charge Investigation Stage of their case, we will immediately bring them in to do a detailed Timeline and Biographical Interview regarding their life, and what allegedly occurred in the incident.  All of the meetings will occur in the privacy of our office, and they will be conducted by the DM Cantor Pre-Charge Team.  This Team can conduct most of the Investigation work, but sometimes we will use Private Investigators to assist us.  We also will look into using a Polygraph Examination, and also potentially Forensic Experts who can analyze any computer devices and phones which may be helpful to the investigation.

If a person is currently charged with a Felony, then we will still begin with a Complete Timeline Interview and Biographical Information Interview.  We will then begin putting together a Mitigation Package at the same time as we begin to Defend the case.  Any and all Court dates, you will need to be with us at the Maricopa County Superior Courts, unless we have obtained permission from the Judge to allow you to travel or remain out-of-State/County.  I

f the Judge does approve our “Motion to Modify Conditions of Release,” then you would be required to sign an Affidavit after each and every Court date avowing that you know of the next Court date and that you will stay in contact with your DM Cantor Sexual Assault Defense Team.

Beware:  Always seek out a different Law Firm if the one you have chosen assigns Serious Felony Sexual Assault cases to a single Law Associate who may have never conducted a Jury Trial regarding the Sexual Offense Charge they are defending.  If you truly want to win your case, then it is absolutely necessary to have at least one Certified Criminal Law Specialist amongst a team of Sex Assault Defense Attorneys who are assigned to specifically handle your Felony Charges. 

DM Cantor always assigns both partners and Certified Criminal Law Specialists to each and every Pre-Indictment Sex Crime case that we handle.  In addition, DM Cantor always has a Minimum of one Partner and Certified Criminal Law Specialist co-assigned on every, single Charged Sexual Assault Case.