Chandler Sexual Assault Lawyer
Sexual Assault § 13-1406 is a class 2 felony in Arizona. 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.
The person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon, or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. If the victim is under fifteen years of age, sexual assault is punishable pursuant to section 13-705. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-701, subsections C, D, and E.
If the sexual assault involved the intentional or knowing administration of flunitrazepam, gamma-hydroxybutyrate, or ketamine hydrochloride without the victim’s knowledge, the presumptive, minimum, and maximum sentence for the offense shall be increased by three years. The additional sentence imposed pursuant to this subsection is in addition to any enhanced sentence that may be applicable.
Sexual assault is punishable by a presumptive sentence of seven or more years in prison. If the sexual assault involved the infliction of serious physical injury, the defendant could be sentenced to life in prison.
Without consent can include:
- Being coerced with either the use or threatened use of force against another person.
- Being incapable of consent by reason of mental disorder, mental defect, drugs, alcohol, sleep, or any other similar impairment of cognition and such condition is known or should have reasonably been known to the defendant.
- Being intentionally deceived as to the nature of the act.
- Being intentionally deceived to erroneously believe that the person is the victim’s spouse.
Being charged with sexual assault or rape is a very serious offense and carries very severe penalties even for a first-time conviction.
Prison sentences range for a first-time conviction:
- A minimum prison sentence of 5.25 years
- A presumptive prison sentence of 7 years
- A maximum prison sentence of 14 years
Prison sentences range for a prior felony conviction:
- A minimum prison sentence of 7 years
- A presumptive prison sentence of 10.5 years
- A maximum prison sentence of 21 years
Prison sentences range for two or more prior felony convictions:
- A minimum prison sentence of 14 years
- A presumptive prison sentence of 15.75 years
- A maximum prison sentence of 28 years
As you can see, being charged with a sexual assault is an extremely serious matter. This is why you should consult with a criminal defense attorney immediately if you have been charged with a sexual assault crime.
Sex crimes such as sexual assault and rape are especially serious charges which require a particularly dedicated team of defense attorneys and experts. Sex crimes are radically different from most other crimes for many different reasons. At the Attorneys for Freedom law firm, our attorneys have decades of experience aggressively defending even the most serious of sex offense charges. We have experience successfully defending the most serious sex offense cases at trial, even in high-profile matters.
The attorneys at the Attorneys for Freedom law firm in Chandler, AZ have decades of experience defending sex crime charges, including cases that have gone to trial. To schedule a Strategy Session with an experienced sex crimes attorney who will aggressively defend these charges, contact us or call our office at 480-755-7110.
Sexual Assault Lawyer
Arizona Office Address:
3185 S. Price Rd.
Chandler, AZ 85248
Phone: 480-755-7110
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