Phoenix Sexual Assault Lawyer

If someone is convicted of one of the prior predicate felonies – which includes any previous DCAC or another type of serious felony – then the range of the consequences is going to increase to the following:

• Minimum period in prison of 23 years
• Presumptive period in prison of 30 years
• Maximum period of incarceration of 35 years up to life in prison

If there is a situation where the victim of the crime was 12 years of age or younger, then the person who committed the crime may face a period of incarceration that ranges from 35 years up to life in prison. Additionally, the judge may also impose the following consequences:

• 13 years in prison as a minimum
• 20 years in prison as a presumptive
• 27 years of incarceration as a maximum

Due to the fact that these are considered DCAC convictions, it is necessary for 100 percent of the prison time needs to be served before the person is eligible to be released. Also, if the prison is convicted for two counts, then they have to run consecutive to one another.

Registering As A Sex Offender

If a person is charged with sexual assault charges, regardless of the victim’s age at the time of the crime, it will require the perpetrator to register as a sex offender – for the rest of the person’s life. This means the individual will not be permitted to have contact with anyone who is under the age of 18 – and this includes the person’s own children – without going through several testing procedures and only if the individual’s probation officer consents to this.

Potential Defenses For Charges Of Sexual Assault

The primary defense to any sexual assault or rape charge is that the proposed “victim” agreed or consented to the sexual activity when it took place. In relation to bar situations or college parties, sexual assault charges are often extremely dangerous. Several false claims have been filed by women who (at the time of the event) were intoxicated, wound up engaging in sexual relations with someone else who was intoxicated, and then later regretted the decision they made to do this. There are a wide array of reasons this may have happened, including because the proposed victim was worried about their reputation, they had a girlfriend or boyfriend who would break up with them if it was consensual, or they became angry at the person accused of “rape” for some reason.

One example of this is if, after a night of partying with other college students, the “victim” was taunted or teased by schoolmates who used various derogatory terms about their sexual habits. Now, the “victim” is forced to either acknowledge that they are a “slut” or they can try to “save face” and make the claim they were “taken advantage of.” In this situation, the attorney hired would use various investigative techniques to help and contradict the evidence that was presented by the prosecuting attorney that the defendant actually “raped” the proposed “rape victim.”

The Importance Of Timing

In any type of sexual assault or rape case, time is a crucial factor to consider. It is essential that a person makes sure that all medical evidence – if there is any available – which includes Rape Kit and DNA reports are preserved to let the defense attorneys examine. Other important factors that can be invaluable when trying to build a defense include witnesses at the party or bar, video surveillance, which can be subpoenaed, and polygraphs conducted on the person accused of these actions.

It is also imperative that the crime scene is diagrammed and photographed and that possible character witnesses are found and interviewed to figure out if the alleged victim and defendant’s propensity and reputation regarding untruthfulness and promiscuity.

Also, because our law firm works to fight a conviction from any possible angle, we would make certain to assert several challenges and defenses to any constitutional violations that may be present in a criminal case. The potential for those is both diverse and numerous.

Defending A Sexual Assault Or Rape Case

One of the most common that we assert is a violation of a person’s Miranda rights. In the state of Arizona, the standard of an incriminating statement is only admissible into the case’s evidence is based on a standard of “voluntariness.” If we are able to demonstrate that the police coerced our client – for example tricked or intimidated you – into making the confession or some other type of inculpatory statement, or if they didn’t properly read your Miranda rights, then we will be able to suppress the statements, as well as any evidence that was gathered because of a direct result of the statements made.

Another extremely common defense we can use is the denial of a right to counsel. This happens if a suspect is in custody, makes the request to talk to a lawyer, but they are denied this and the questioning goes on.

Additional defenses may include things such as challenging the validity of a search warrant or if there were any type of “forensic flaws” that took place during an investigation of the case. While this will depend on what else a person is charged with, it could include the following:

• A flawed procedure that includes urine, breath or blood testing
• A misleading police report which includes a misstatement, flawed photo line-ups, false statements or an inaccurate reconstruction of the crime scene

It is crucial that you hire a professional and experienced sexual assault attorney to defend your case. You need someone who fully understands all the possible defenses to help assert your case. You should make sure that you review all the wins the law firm or lawyer has had in the past.

Make sure to consider all this when trying to find a quality attorney for a sexual assault or rape charge. This will help ensure that you get the best possible defense for your situation and that you have the best possible chance of minimizing the possible punishment that you are facing. 

At Ryan Garvey Attorneys, our team can help – call us today for a free consultation (602) 353-7328.