Beware: Never meet with a Criminal Law Firm that has you do your initial consultation with a Non-Attorney Salesperson, instead of a Licensed Attorney!  At DM Cantor, you will always meet with at least one Partner/Board-Certified Criminal Law Specialist when having your initial consultation on your Child Molestation Charge.  This is vastly different from Law Firms that attempt to have a non-lawyer “sell” that firm’s legal services.  At DM Cantor, our Child Molestation Attorney would never put our clients at risk.

Phoenix Child Molestation Charges And Their Elements

There is no Statute of Limitations in Arizona in which to bring charges for Child Molestation.  We have seen many cases involving Allegations which occurred decades earlier, and now the Alleged Victim is bringing up these accusations.  This usually occurs while they are in “therapy,” and we have been able to successfully fight some of these charges based on “False Memory Syndrome.”  Penalty Ranges on a Child Molestation conviction are very severe, and the Child Molestation Attorney Defense team at DM Cantor knows the rules regarding Allegations of Prior Convictions or “Multiple Offenses Committed on Different Dates,” and how these rules can dramatically affect the Sentencing Range.

At DM Cantor, we have a litany of defenses at our disposal in which to either have the charges not filed in the first place, or Dismissed entirely if they are already filed. If you are facing prosecution for Phoenix Arizona Child Molestation Charges, then you will need Legal Counsel who knows the Penalties for Child Molestation inside and out and their Defenses. The experienced Child Molestation Attorney Team at DM Cantor have handled all types of crime and criminal offenses. See the information below regarding the elements of Child Molestation and the possible punishment.

Child Molestation – ARS 1410(A)

Definition:  In Arizona, per ARS 13-1410(A), Child Molestation involves “intentionally or knowingly engaging in or causing a person to engage in sexual contact (except the female breasts) with a child who is under 15 years of age.”  Per ARS 13-1410(B), this is a Class 2 Felony, and is subject to the Dangerous Crimes Against Children (DCAC) Enhancement, which is imposed by ARS 13-705, et seq.

Stacking:  Under Arizona law, each individual incident of “Sexual Contact” can result in its own criminal charge.  “Sexual Contact” is defined under ARS 13-1401(3)(A) as “any direct or indirect touching, fondling or manipulating of any part of the genitals, anus or … by any part of the body or by any object or causing a person to engage in such contact.”  What this means is, that if a person has three separate “Sexual Contacts” with a child 14 or younger, then they can be Charged with 3 counts of Child Molestation.

This means that each individual Charge’s punishment has to be “Stacked” on top of the other, and run consecutive to each other.  3 counts will result in a Mandatory Minimum Prison Sentence that is Three Times Longer than a single count.

Class 2 Felony Punishment for Child Molestation of a Minor under 15 years of age (DCAC).

• A person who is 18 years of age or older who has been convicted of Child Molestation (DCAC) faces a Mandatory Minimum Prison Sentence of 10 years (day-for-day) – a Presumptive Prison term of 17 years, and – a Maximum Prison Term of 24 years in the Department of Corrections.

What if a person has a Prior Predicate Felony Conviction?

If the Defendant has a single Prior Predicate Felony for a similar type of charge, they now face a Mandatory Minimum of 21 years in Prison, a Presumptive Term of 28 years in Prison, and – a Maximum Term of 35 years in Prison.  All time will be day-for-day Prison time.  And again, if there are three counts, the minimum will be 63 years (i.e., 3 times 21).  A charge of Child Molestation is very serious, and that is why it has earned the title of a “Life-Ender” if a person is convicted.

It is critical that you have at least one (1) Board-Certified Criminal Law Specialist to represent you on a Child Molestation Charge.  The Ranges of Punishment are just too high!

Click here… if you have not been charged with Child Molestation 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 Child Molestation 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 Child Molestation Lawyers in Arizona know the system well.

The Collateral Consequences Of a Child Molestation Conviction

If you have been convicted of Child Molestation, the Collateral Consequences after your release from Prison can be just as devastating.  This can include things such as eliminating your professional licenses; restricting where you can live; limiting what jobs you are allowed to maintain; potentially Lifetime Probation; Sex Offender Registration; limitations to visiting your children or grandchildren while on Probation; etc.

Because these Collateral Consequences can be so devastating, it is absolutely necessary to have at least one Board-Certified Criminal Law Specialist on your Legal Defense Team. The Phoenix Child Molestation Defense Team of DM Cantor are highly skilled in all types of Probation issues regarding Sex Offenses, from Sex Offender Registration to Employment Compliance. If you are currently on Sex Offense Probation, and need the help of Top Rated Phoenix Sex Crime Lawyers, call DM Cantor today! See the link below for a comprehensive list and explanation of Collateral Consequences regarding Child Molestation. Be sure to call DM Cantor to speak with a Child Molestation Lawyer.

The 20 Best Child Molestation Defenses In Phoenix, Arizona

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

1. False Allegations Regarding Children During Custody Disputes

Allegations of Child Molestation are becoming more and more common during Custody disputes and Divorce proceedings. Read More

2. False Allegations by Children who are 13 to 17 Years of Age

There have been numerous scientific studies which have shown that False Allegations of Sexual Conduct made by teenage girls between the ages of 13 and 17 years old are as high as 50%. Read More

3. “Me Too” False Allegations which are made by Children

With the advent of the “Me Too movement,” more and more False Allegations are being made by minors against adults. Read More

4. Suggestibility and Improper Interview Techniques Utilized on Children

Forensic Interviewers have been trained to how properly to interview a child regarding Child Molest Allegations.  Unfortunately, many parents and Police Officers attempt to do their own investigation first, and end up affecting a Child’s Memory. Read More

5–12: False Allegations Regarding Child Molestation and Involving Computers

5. Unknowingly Downloading of Sexually Explicit Images or Child Pornography on the internet

Beginning with Napster, file-sharing websites have taken over the internet.  Unfortunately, many times people unknowingly download Child Pornography onto their computers. Read More

6. Wi-Fi “Hijacked” by a Neighbor

An unknowing Defendant may be the victim of a Hijacked” Wi-Fi by a neighbor.  If this neighbor then proceeded to download sexually explicit images of children, this can lead to False Allegations against a Defendant. Read More

7. Multiple People in Residence with Access to a Defendant’s Computer

Many times, Detectives will not conduct a thorough investigation in order to determine if other people within a household had access to a computer, the computer’s passwords, and other security information. Read More

8. Improperly-Handled Evidence Which Becomes “Tainted.”

Very specific protocols must be followed when Detectives are gathering computer evidence and analyzing it forensically.  Unfortunately, many street Cops and newer Detectives are very sloppy, and can “Taint” the evidence they have secured. Read More

9. Falsified Evidence Which Was “Planted.”

It is becoming more and more common to see cases where a disgruntled coworker, ex-boyfriend/girlfriend or soon to be former spouse, “Plants” illegal images of children on the Defendant’s computer.  This is very common during Divorce/Child Custody disputes. Read More

10. Online Undercover Detectives and “Sting” Operations

In Phoenix, Detectives are now staging undercover “Sting” operations where they pose as 18-year-olds who are seeking a relationship – then they change (i.e., reduce) their pretend age in order to entrap Defendants. Read More

11. The “Victim” Lying About Their True Age While Online with a Defendant

It is very common for minors to lie about their real age and pretend they are 18 or older while they are beginning an online relationship with the Defendant, which eventually becomes sexual in nature.  Depending on the “Victim’s” actual age, this can be an absolute Defense to the Charges. Read More

12. “Slang” Emojis, and Text Strings that are Misleading During Online Conversations

When Detectives are engaged in undercover sting operations, they often misuse “Slang,” emojis, and other syntax while engaging with, and attempting to entrap, a Defendant. Read More

13-15: Age-Based Defenses

13. Alleged Victim of Sexual Activity Lied About Their Actual Age

Per ARS 15-1407(B), it is a Defense to Child Molestation if an alleged victim who is 15-17 years of age lies, and claims to be 18 or older, and the Defendant did not discover the truth before engaging in sexual activity. Read More

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

Under Arizona law, it is a Defense to Allegations of Child Molestation if the two people are in high school, dating, and one is 19 years-old and they are no more than two years difference in age. Read More

15. The Legal Marriage Exception

A person 18-years-old or older is allowed to get married to a person 16 or 17 years of age in Arizona, if the proper guidelines are met in order to meet statute.  This makes Sexual Conduct after the marriage legal, even if one of the individuals is under 18, while the other is over 18 years of age. Read More

16-19: Evidence-Based Defenses

16. Evidence Gathered as the Result of Illegal Search and Seizure

Many times, DM Cantor has been able to Suppress Evidence if it was illegally obtained.  One of the most common ways is to analyze the “Search Warrant Affidavit,” in order to find flaws in the Probable Cause Statement provided by the Detective. Read More

17. Miranda Violations Involving Coerced Admissions

Admissions or Statements made by a Defendant which were involuntarily provided can be Suppressed in Arizona.  This is determined not only by looking to see whether Miranda Rights were read, but by carefully analyzing all the facts under the “Voluntariness” standard. Read More

18. Falsehoods, Lies, and Misstatements Regarding Evidence

Many Police Officers will turn off their Axon body-worn cameras during arrest or investigation.  If this occurs, DM Cantor can file Motions on your behalf in order to have the entire case Dismissed. Read More

19. Touch ID or Face ID Which was Improperly Obtained to Access Computer Devices

Evidence can be Suppressed if Officers improperly obtained or coerced “Touch ID” or “Face ID” in order to access the Defendant’s computer devices.  This can include not only cell phones, but MacBooks, and Mac computers. Read More

20: Mental Health Issues and Diminish Capacity Defenses

20. Spectrum and Mental Health Based Defenses

Defendants with Mental Health issues or who are on the Autism Spectrum present varying issues when it comes to their Defense.  Many times, their medical records can be useful in keeping charges from ever being filed, or by greatly Reducing Charges and Penalties. Read More

Mitigation

“Mitigation” is a process utilized by DM Cantor in order to attempt to keep Charges from being filed, or to get them Greatly Reduced.  It can also reduce the amount of Punishment if there is a particular Sentencing Range that is mandated by the Reduced Charge.  During this process, we will gather as much information about the Defendant’s background history.  This can include not only medical records, but also counseling records.

Many times, we will utilize Polygraph Examinations; Psycho-Sexual Risk Evaluations; Neuropsychological Evaluations; and Rehabilitation/Counseling records in order to produce our “Mitigation Package.”  Lastly, we may also include a “Proportionality Review,” which will include the Denial of Charges, or greatly Reduced Charging decisions, involving other Defendants who are similarly situated to our Client.

What We Do When We Represent You

At DM Cantor we always keep our “Core Purpose” in mind.  In other words, “We are here to help people navigate through the toughest times of their life.” We accomplish this by keeping these three principles in mind: (1) Do Hard Work; (2) have Excellent Trial Skills, and (3) – and most importantly of the three – have High-Touch Client Service.

If you have retained DM Cantor to represent you during the “Pre-Charge” or “Pre-Indictment” Phase of your case, then the first thing we will do is have you come into our office in order to conduct a “Timeline Meeting,” and a “Bio Meeting.”  We will get all relevant factors as to what happened in the actual case, and a complete story of your life in order to start building our Mitigation Package.  This is normally done with the Attorneys in our office, but sometimes we will also utilize the services of a Private Investigator.

If you’ve already been Charged, we will still conduct a Timeline and Biographical Meeting with you.  We will also seek to Modify your Conditions of Release, if you live out-of-County, or out-of-State, and the Judge ordered you to remain in-county during your Initial Appearance.  If we do succeed with our Motion to Modify Conditions of Release, you will need to maintain contact with DM Cantor, and also sign an Affidavit Acknowledging each new Court date as the case progresses.  See us for more details if you are in this situation.

Beware:  Many so-called Sex Crime Law Firms will assign a case to a brand-new Associate who has never conducted a Jury Trial regarding a Child Molestation charge. It is critical to your Defense of Child Molestation Allegations that you have at least one Board-Certified Criminal Law Specialist on your Defense Team.  DM Cantor has 2 Board-Certified Criminal Law Specialists (all Partners), who are available to work on your case.  Penalties involving Child Molestation can literally land a person in Prison for the rest of their life. This is why it is necessary to have the Best Legal Team – DM Cantor – represent you on these Charges.

Felony Case Progression Information