Phoenix Sexual Assault Attorneys

Accused of Rape? Call MayesTelles for Help.

Rape or "sexual assault" in the state of Arizona is a serious felony offense. At MayesTelles PLLC, our Phoenix rape defense lawyers handle all types of rape accusations such as date rape, statutory rape, violent sexual assault, and more. We have nearly 200 years of collective experience and a "Top 100 Trial Lawyers" rated attorney on our team. We are prepared to defend you against your rape accusations in Arizona.

If you have been accused of rape or sexual assault, call a Phoenix sexual assault lawyer at MayesTelles PLLC as soon as possible for a FREE consultation - (602) 428-7104.

Definition of Sexual Assault – ARS § 13-1406

According to Arizona Revised Statute § 13-1406, a person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person. Sexual assault is a Class 2 felony. In most cases, those who are convicted of sexual assault will not be eligible for release from confinement, pardon, or probation until the sentence has been served or commuted.

Other offenses that may qualify as a type of sexual assault include:

• Violent sexual assault (ARS 13-1423)
• Sexual conduct with a minor (ARS 13-1405)
• Sexual misconduct (ARS 13-1418)
• Molestation of a child (ARS 13-1410)

Legal Defenses Against Sexual Assault

ARS 13-1407 lists various legal defenses available to those accused of sexual crimes.

The only legal defense to ARS 13-1406 listed in this statute is:

"...if the act was done by a duly licensed physician or registered nurse or a person acting under the physician's or nurse's direction, or any other person who renders emergency care at the scene of an emergency occurrence, the act consisted of administering a recognized and lawful form of treatment that was reasonably adapted to promoting the physical or mental health of the patient and the treatment was administered in an emergency when the duly licensed physician or registered nurse or a person acting under the physician's or nurse's direction, or any other person rendering emergency care at the scene of an emergency occurrence, reasonably believed that no one competent to consent could be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent."

Judges can also accept evidence they find relevant to the case, such as:

• Evidence of the victim's past sexual conduct with the defendant;
• Evidence of sexual activity that shows the origin of semen, pregnancy, disease or trauma;
• Evidence that supports a claim that the victim has a motive in accusing the defendant; and/or
• Evidence of false allegations of sexual misconduct made by the victim against others.

Penalties for Sexual Assault & Rape in Arizona

Sexual assault is a serious crime that comes with the potential for years behind bars. Also known as rape, this type of sex crime occurs when someone knowingly or intentionally engages in sexual contact with another person without their consent. Fighting this felony offense can seem like a daunting task, but having the right attorney at your side will put you in a strong position to fight for the best legal outcome possible.

Penalties for all felony offenses are serious, but sex offenses are punished with particular severity. Anyone who is convicted of rape could face the following penalties, in addition to sex offender registration.

• First offense: carries a minimum 5.25-year term of imprisonment and a maximum of 14 years
• One prior felony: carries a minimum of 7 years and a maximum of 21 years in prison
• Two or more prior felonies: carries a minimum of 14 years and a maximum of 28 years in prison

If the sexual assault involved the intentional use of drugs like ketamine hydrochloride or flunitrazepam without the victim's knowledge, the term of imprisonment could be increased by three years.

Offenders sentenced to prison for sexual assault may qualify for probation or early release at some point during their sentence. However, offenders who are convicted of sexual assault with the intention of inflicting serious physical injury may be sentenced to life in prison without the chance of parole.

Sex Offender Registration Requirements

Arizona's sex offender registration laws are detailed in Article 3, Chapter 38 of the criminal codes. Anyone convicted of sexual assault will be required to register as a sex offender in the state of Arizona.

Failure to register as a sex offender could warrant additional penalties.

In Arizona, sex offenders are separated into three tiers, with Tier 1 offenders being the lowest risk and Tier 3 being the highest. Registration under Arizona state law is determined in part by risk level, and risk level is determined based on 19 criteria. Sexual assault could warrant lengthy or lifetime registration.

Hire a Sexual Assault Lawyer You Can Count On

If you were charged with sexual assault, it’s important to hire a lawyer you can trust. Our sexual assault attorneys in Phoenix have decades of experience representing our clients in court, and will work with you to ensure that you understand every step of the legal process. We have handled thousands of criminal cases, both felonies and misdemeanors, and can provide the skilled defense tactics you need on your side.

When you choose MayesTelles, our team can defend your rights in and out of the courtroom. Give us a call today at (602) 428-7104 to discuss your charges.