Facing a charge of nonconsensual sex, commonly known as rape, is an overwhelming and life-altering experience. Arizona takes sexual assault allegations very seriously, and if you find yourself accused, you should too.
Consider working with a Scottsdale sex crimes lawyer at Suzuki Law Offices who can present a fierce defense. Our team is led by an attorney with a background as a former federal prosecutor who provides invaluable insight into how to best fight your case.
Our Scottsdale nonconsensual sex defense lawyer will be your voice in action, fighting to protect your future.
When to Get a Nonconsensual Sex Defense Attorney in Scottsdale
The best time to get a Scottsdale criminal defense lawyer is as soon as you become aware that you are accused. Obtaining legal counsel early will allow you to navigate police inquiries, protect your rights, and build a strong defense from the outset.
At the same time, even if you only suspect that you may be under investigation, it may be prudent to consult an attorney. An experienced lawyer can ensure that you put your best foot forward and avoid critical missteps. For example, it may be necessary to preserve evidence and conduct your own investigation.
If you have already been formally charged or arrested, retaining a lawyer as quickly as possible is necessary to ensure that your lawyer has plenty of time to review your case and take all the necessary steps.
When in police custody, anything you say can be used against you, so speaking to a lawyer before making any statements is the best practice.
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Get StartedWhat Are the Penalties for Nonconsensual Sex Convictions
In Arizona, nonconsensual sex is a sex crime encompassed by the legal charge of sexual assault. A sexual assault conviction in Arizona carries extremely severe penalties.
It is common to have questions about the typical sentences for sex offenses in Arizona. The exact sentence for sexual assault convictions depends on the circumstances, but standard penalties and enhancements under Arizona law include:
- Prison term: Sexual assault is a Class 2 felony. A first-time offender faces a minimum of 5.25 years in state prison, a presumptive term of 7 years, and up to 14 years maximum
. - Prior convictions: If the defendant has prior felony convictions, the sentence increases significantly. For example, a single prior felony conviction increases the range to 7 to 21 years in prison, and two or more prior felonies boost the range to 14 to 28 years
. - Aggravating factors: Certain factors lead to harsher punishment. For example, if a date-rape drug was used to commit the assault, three extra years are added to the prison term
. Also, if the assault involved inflicting serious injury upon the victim, the court may impose a life sentence.
In addition to incarceration, a person convicted of sexual assault will face other lasting consequences, such as mandatory sex offender registry.
A level 2 Sex Offender in You may require a skilled Scottsdale nonconsensual sex defense attorney to fight aggressively against the charges to avoid these life-altering penalties.
Lawyer Near Me 602-682-5270Related Sexual Misconduct Charges in Arizona
Not every sex crime charge in Arizona is prosecuted as sexual assault. A defense lawyer can ensure you understand the charges against you, which is important to understand because prosecutors may charge them alongside or instead of sexual assault, depending on the circumstances. Common sexual misconduct charges in Arizona include:
Sexual Abuse
Sexual abuse, under A.R.S. § 13-1404, involves any sexual contact (touching of intimate parts) done intentionally or knowingly without consent.
This crime generally applies when there is no intercourse, but there is inappropriate touching. For instance, groping someone’s genitals or fondling a woman’s breast without consent would fall under sexual abuse.
If the victim is an adult, sexual abuse is usually a Class 5 felony. If the victim is under 15 and the act involves only touching of the female breast, it is still charged as sexual abuse, but elevated to a Class 3 felony.
Sexual abuse charges often accompany a sexual assault charge if there were multiple types of contact during the incident.
Statutory Rape
Arizona uses the term sexual conduct with a minor for consensual sexual intercourse or oral sexual contact with anyone under the age of 18. In effect, this is Arizona’s statutory rape law. Even if a minor agrees to the sexual activity, they cannot legally consent due to age.
The severity of the charge depends on the age of the minor: sexual conduct with a minor who is under 15 years old is a Class 2 felony (punished as a dangerous crime against children, with extremely harsh sentences), whereas sexual conduct with a minor age 15, 16, or 17 is typically a Class 6 felony.
An important exception is if the accused is in a position of trust (such as a teacher, coach, or guardian); in those cases, sexual conduct with a 15–17 year old is elevated to a Class 2 felony as well. These distinctions recognize that sexual offenses against younger children are punished more severely.
An effective defense strategy by a Scottsdale nonconsensual sex defense lawyer will include an evaluation of all your potential charges and acting accordingly. In some cases, a well-prepared defense can persuade the prosecution to reduce or even dismiss some or all of the charges before trial.
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Consult With a Scottsdale Defense Lawyer
Facing a nonconsensual sex charge is frightening, but you don’t have to go through it alone. When you work with us, you can trust that your case will be handled with compassion, confidentiality, and unwavering dedication to your best interests. We will interview witnesses, obtain security camera footage or electronic records, and consult with forensic experts as needed.
At Suzuki Law Offices, we have defended clients accused of serious crimes in Arizona for over 20 years. We pride ourselves on upholding the highest standards of integrity and diligence in every case we handle.
Let an experienced Scottsdale nonconsensual sex defense attorney from our team give you the strong defense you deserve.
Call or text 602-682-5270 or complete a Free Case Evaluation form