Sexual Assault & Battery Protecting Our Clients' Rights

Phoenix Sexual Assault Lawyer

Sexual Assault Charges In Arizona

Regardless of if you’re in the area of Phoenix, or in any location in Arizona, according to ARS §13-1406 Sexual Assault or Rape charges in Arizona takes place when a person knowingly or intentionally engages in oral sexual contact or sexual contact with any person (regardless of gender) without that person’s consent. Sexual assault is considered one of the most serious crimes an individual can be charged with, and the possible consequences are so extensive that this type of charge is often referred to as a “life ender.”

Do you need the services of an Arizona sexual assault lawyer? If so, contact the Ryan Garvey Attorneys if you are facing sexual assault or rape charges.

Potential Consequences For Sexual Assault And Rape Charges

Sexual assault is considered a class two felony. Each time someone faces these charges, the possible punishment is increased. Learn more here:

  • First offense: For a first offense the minimum time in prison is five years and three months, with the presumptive being seven years and the maximum sentence being 14 years behind bars.
  • Those with 1 prior offense: If the individual has a prior felony conviction, then the possible punishment range will be increased to a minimum of seven years in jail, with the presumptive being 10 years, six months, and the maximum for this being 21 years behind bars.
  • Those with two prior offenses: If the individual has two or more prior felony convictions, then the minimum sentence will be 14 years behind bars, with the presumptive being 15 years and nine months, and the maximum time behind bars being 28 years.

It is also important to note, that if there is any type of drug proven to be used while the offense is being perpetrated, for example if there is proof of the “date rape drug” or a “roofie” then the individual will have an additional three years automatically added to the minimum, the presumptive and the maximum sentences that were highlighted above.

A last consideration is that if the sexual assault or rape included any type of knowing or intentional infliction of some type of serious physical injury, then the defendant may face an additional sentence that ranges from 25 years in prison, up to life in prison. An individual facing these charges will be required to serve 100% of the time they are given before they will even be considered to be released.

Additional Considerations For Sexual Assault And Rape Charges

If there are additional circumstances surrounding the case, then additional consequences may be faced by the perpetrator.

For example, if the sexual assault victim was 15 years of age, or younger, then it is considered a DCAC – Dangerous Crimes Against Children. This situation will carry a punishment for every conviction:

  • A minimum of 13 years in prison
  • A presumptive of 20 years in prison
  • A maximum incarceration period of 27 years
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