The Ultimate Tucson Sexual Assault 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 Sexual Assault Defense “Pretenders”:  Any law firm or Attorney can have DM Cantor’s Tucson Sexual Assault Defense Lawyer website information re-written by artificial intelligence (AI), and then they can post it online as their own “knowledge base.”  But they cannot falsely list our Jury Trial Complete Acquittals, or Board Certifications as their own.  Also, many Attorneys claim that they “Specialize” in defending Sexual Assault charges or Criminal Defense, but only a “Board-Certified Criminal Law Specialist” is allowed 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

As of the start of 2024, the State Bar of Arizona Board of Legal Specialization listed only 54 Criminal Law Specialists in the entire State.  Of these 62, only 41 are located in Maricopa County and are allowed to handle private cases.  DM Cantor has 3 Board-Certified Criminal Law Specialists, the Most of any Law Firm in Arizona.  When defending Sex Crime Allegations, it is critical to have as many Board-Certified Criminal Law Specialists on your Legal Team as is possible.

The Specialization process is so rigorous that only 31 current Arizona Criminal Law Specialists were Certified since the turn of the Century!  In addition, All Specialists must be approved for Re-Certification every 5 years.  At DM Cantor, our 3 Board Certified Criminal Law Specialists have conducted Jury Trials on countless Sex Crime cases.

Every Major Felony Sex Crime case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on our Legal Team who is directly handling or supervising the Defense.

We wouldn’t have it any other way.

The Best Tucson Sexual Assault Defense Lawyer Team in Arizona

What are the factors to look for when you are deciding who the Best Sexual Assault Defense Law Firm is in Tucson, Arizona?  Start by looking at the Defense Team’s overall experience, and who is the person that leads them.  In the case of DM Cantor, the Firm was founded by David Michael Cantor, a Board-Certified Criminal Law Specialist since 1999.  David began his career at the Phoenix City Prosecutor’s Office as a Trial Attorney.

While there, he amassed a record of 30 Jury Trial convictions with 0 losses.  He then left and worked for a private Criminal Defense Firm for approximately 3-1/2 years, where he conducted almost 80 Criminal Defense Jury Trials.  It was after that time that he formed his own Law Firm Specializing in Criminal Defense, and he assembled the Tucson Sex Crimes Defense Team of DM Cantor.  This Team knows the Sex Assault laws inside and out, and whether you are fighting the Maricopa County Attorney’s Office, or the Arizona State Attorney General’s Office, this is the Team you want on your side.

After you have determined the Sex Crimes Defense Team’s experience, you next look to their Results and Certifications.  In addition to David Michael Cantor’s Board-Certification as a Criminal Law Specialist, his two partners (Christine Whalin and Joey Hamby) are also Certified Criminal Law Specialists.  DM Cantor is the only firm in Arizona that has three Certified Specialists on staff.  In addition, DM Cantor also has the most Complete Jury Trial Acquittals of any firm in Arizona history.  Check out the link below to see questions to ask when interviewing a Sexual Assault Defense Attorney or Law Firm.

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.

Tucson 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 elements of the 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 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 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 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 Attorney immediately!

The Collateral Consequences Of A Sex Crime 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 Tucson Rape Defense Lawyer to handle your Sexual Assault Case, you need to first find a Board-Certified Criminal Defense Tucson Sexual Assault Defense Lawyer who routinely handles Sex Crime Charges. Check out the link below for a full list of Collateral Consequences of a Sexual Assault Conviction.

The 20 Best Sexual Assault Defenses In Tucson, Arizona

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

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

False Sex Crimes 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. Read More

5–12: False Allegations of Sex Crimes 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 Tucson, 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 Tucson Sexual Assault Defense Lawyer who is a Board-Certified Criminal Law Specialist and well-known Tucson 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 we 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 we 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.

If 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 Sex Crimes 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 all three 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 Sex Crimes Case.

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