The Ultimate Arizona Child Molestation Defense Lawyer (2024)

By DM Cantor, a Top-Ranking Criminal Defense firm in Arizona for the last 5 years in a row by Ranking Arizona Magazine!  (2020, 2021, 2022, 2023, 2024)

161 Complete Criminal Jury Trial Acquittals (i.e., Not Guilty on All Charges). The most in Arizona history by a single law firm!

Plus an additional 500 Sex Crimes Pre-Indictment “Turn-Downs,” Dismissals, and Charge Reduction Sex Crime Victories!

Beware of Child Molestation Defense “Pretenders”:  Any Attorney or Law Firm can take DM Cantor’s Arizona Child Molest Defense website information and have it rewritten by artificial intelligence (AI), and then try and pass it off as their own “knowledge base.”  However, these “Pretenders” cannot falsely list our Jury Trial Complete Acquittals, or our Board-Certified Criminal Law Specialization as their own.  In addition, many Lawyers claim that they “Specialize” in defending Child Molestation charges, but only a “Board-Certified Criminal Law Specialist” is permitted by the State Bar of Arizona to use this title as their own, per the Arizona Board of Legal Specialization.

Board Certified Criminal Law Specialization

Currently, there are only 54 Board-Certified Criminal Law Specialists in the State of Arizona.  Because there are only 19,000 Attorneys licensed to practice in Arizona, this means that approximately less than 3 out of every 1,000 Lawyers is a Board-Certified Criminal Law Specialist.  DM Cantor’s 3 Board-Certified Criminal Law Specialists makes our Law Firm the one with the most specialists in the State of Arizona.  Because of the severity of the punishment of Child Molestation Charges, it is critical to have this many Board-Certified Criminal Law Specialists on your Defense Team as possible.

DM Cantor includes at least 1 Board-Certified Criminal Law Specialist on your Legal Team who is directly handling or supervising the Defense on any Major Felony Sex Crime.

The Best Child Molestation Defense Team in Arizona

What do you look for when you are determining who is the Best Child Molestation Defense Team.  The first thing to look at is experience.  David Michel Cantor began his Criminal Law career as an Assistant City Prosecutor for the State of Arizona. While there, he conducted 30 Jury Trials in which he secured convictions against every Defendant.

He subsequently left to work for a high-level criminal defense firm for the next three and a half years, before founding DM Cantor.  Shortly after founding his own Criminal Defense Firm, he became a Board- Certified Criminal Law Specialist in 1999 – and has maintained that Board certification for the past 25 years. 

Once you have ascertained the qualifications of a Criminal Defense Firm’s leader, you next look to the other Attorneys’ skill sets.  David’s two partners are both also Board-Certified Criminal Law Specialists (Christine Whalin and Joey Hamby), and have also handled countess Sex Crimes Jury Trials.  In addition, the Firm has over 160 Complete Jury Trial Acquittals (i.e., Not Guilty on All charges) and has the most “Turndowns” (i.e., decisions to not charge a person criminally) of any firm in Arizona.  Their Jury Trial Complete Acquittals are the most wins by a single law firm in Arizona history! Click the link below to receive a list of questions to ask when interviewing for a Criminal Defense Attorney or Law Firm.

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, we would never put our clients at risk.

Arizona 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 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 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 Sex Crimes Defense 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!

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 Arizona Sex Crimes 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 Arizona Sex Crime Lawyers, call DM Cantor today! See the link below for a comprehensive list and explanation of Collateral Consequences regarding Child Molestation.

The 20 Best Child Molestation Defenses In 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 Sex Crimes 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 Arizona, 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 3 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.

What Our Clients Say

 
 
 
 
 
 
 
  
 
 
  
DM Cantor is a very professional attorney office. I strongly recommend them. Before engaging with them, I have done a lot of researches and interviewed 6 attorney offices. The price may not be the lowest but they definitely delivered! You got what you paid for. Joshua Sene was assigned to us. He kept very clear communication. He was very patient explaining each step which made us very comfortable and having peach in mind. He took time answering many of my questions. He was able to get the case dismissed out right.
  
 
 
 
  
 
 
 Hugo 
 
July 23, 2023
 
 
 
  
 
 
  
DM Cantor is hands down the best law office I could have chosen. I don’t think I’d feel nearly as confident with my case if I was in anyone else’s care. They get to the point, they handle the job, and they know what they are talking about. I felt supported, heard, and overall good about what my options were. Everyone in their office is kind, professional, and understanding. If you find yourself needing a law team, this is the office to hire - they will be on your side through it all
  
 
 
 
  
 
 
 Callendra Schutze 
 
July 11, 2023
 
 
 
  
 
 
  
DM Cantor was an ally from start to finish! Put their card in your wallet now and keep it on hand in the event that you ever need an attorney. Complete professionalism, tact, facts and results. Let them do their job! They are the best situated to bring the outcome you seek.
  
 
 
 
  
 
 
 Lissa Victoria 
 
July 1, 2023
 
 
 
  
 
 
  
Jason Karpel and Joshua helped me with the defense on my original charge and then 4 years later helped me restore my rights and get my record set aside! I also have to credit Joey Hamby, he was able to help when Jason and Josh weren't available

They are very informative and badass attorneys and will give you the best possible defense! If you are on the fence about DM Cantor, this is your sign to choose them. They are worth the money.
  
 
 
 
  
 
 
 Nathan Jarvis 
 
June 11, 2023
 
 
 
  
 
 
  
Josh was assigned to my case, and I couldn’t have asked for a better attorney to help me through my DUI case. He was very thorough and diligent in digging into my case and finding all the faults in the case and building up the ammo needed to go at the prosecutor. He was very generous with his time and answering questions where as other attorneys would just blow off your line of questioning and shoot you down. He ran through the scenarios of my questions and provided me with the guidance needed to navigate my case. Even when we thought we would only get a certain type of plea deal, we said the hell with it and let’s throw the kitchen sink at them and go for broke which took me from a DUI to a wreckless driving deal with only a $770 fine. It could’ve been so much worse. I plan on never being in this situation again, but if I need it I would not hesitate to have Josh represent me again, and I would recommend him to anyone needing representation.
  
 
 
 
  
 
 
 Michael Brewer 
 
June 9, 2023
 
 
 
  
 
 
  
Mr. Jared Ahern was flawless in court and got the results I wanted. Words cannot express how grateful I am for his help. DM Cantor gave me a fighting chance and I will only be referring them from here on out.
  
 
 
 
  
 
 
 Peter Alvarez 
 
June 4, 2023
 
 
 
  
 
 
  
Very helpful & professional. You get what you pay for & I'm grateful for the outcome I received. As long as you follow their advice & put in your end of the work everything turns out favorable. Mr. Joey Hamby & Mr. Michael Alarid were very helpful & worked with me even though I worked in a remote location. The staff covered every angle as well, ensuring I was on the same page & even provided an additional attorney when my assigned two were unavailable. I would use them again should the need ever arise.
  
 
 
 
  
 
 
 F. K. 
 
March 28, 2023
 
 
 
  
 
 
  
Jason Karpel handled my case at the end of 2022 and was amazing! His whole team/staff were super professional, friendly and accommodating. Not to mention he is AMAZING at his job and got my case resolved and all charges dropped, pretty quickly too. He’s a really nice guy who knows his stuff and I’d recommend all my friends and family to him if they ever needed counsel. Thank you Jason and DM Cantor for all you do!
  
 
 
 
  
 
 
 Kevin Glenn 
 
March 9, 2023