Whether in the Phoenix area, or anywhere in Arizona, per ARS §13-1405 "Sexual Conduct with a Minor" is broken down into two (2) categories. The first category is if a person over the age of eighteen (18) years of age and is accused of "sexual conduct" with a minor who is fifteen (15), sixteen (16) or seventeen (17) years old. Sexual conduct includes sexual intercourse, oral sexual contact, or anything involving "penetration". This will be charged as a class six (6) felony.
The second category of Sexual Conduct with a Minor is what is known as Dangerous Crimes Against Children (DCAC). This involves a person over eighteen (18) years of age being accused of "sexual conduct" (i.e., having sexual intercourse, oral sexual conduct or any "penetration") with a child who is fourteen (14) years of age or younger. This will be charged as a class two (2) felony.
The class six (6) felony (i.e., alleged victim age 15-17) has a range of punishment from probation with zero (0) days in jail up to one (1) year in jail, or four (4) months in prison to two (2) years in prison. A conviction will require you to register as a Sex Offender for the rest of your life, and you are not allowed to have any contact with anyone under the age of eighteen (18) (this includes your own children), without going through numerous testing procedures and without the consent of your probation officer. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is nine (9) months to two and three quarters (2.75) years in prison. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is two and one quarter (2.25) to five and three quarters (5.75) years of incarceration.
The class two (2) felony (i.e., alleged victim under age 14) carries the following punishment: if the child is twelve (12), thirteen (13) or fourteen (14) years old, the Judge can sentence the Defendant to thirteen (13) years minimum in prison; twenty (20) years presumptive in prison; and twenty-seven (27) years in prison maximum. If the Defendant is convicted of two (2) counts, then by law the Judge must "stack" or run these charges "consecutive". This means the range of punishment now becomes twenty-six (26) years minimum; forty (40) years presumptive; and fifty-four (54) years maximum in prison (day-for-day prison time).
If the child is under twelve (12) years of age, then the Judge has only two (2) choices: twenty (20) years in prison, or thirty-five (35) years to life in prison! Again, this must be run "consecutive" with an other DCAC charge.
Many times these charges arise during the pendency of a divorce proceeding. In other words, the Defendant's soon to be ex-spouse, or an angry teenager who wants her father or step-father "out of the picture", will make up these false allegations. It is important to challenge these charges immediately by reviewing how the report was initially received; obtaining any CPS reports which were prepared; questioning any forensic interviewers which may have talked to the child; obtain any divorce paperwork that may have previously been filed; and potentially obtain a polygraph of the Defendant in order to show that he is, in fact, innocent. All of these procedures must be done rapidly, because once a person is charged, they are "non-bondable" and will sit in jail until the case resolves. This means that if you have a million dollars in your pocket, you will still sit in jail until these charges finalize. This is why these allegations are so dangerous when they come in the context of a divorce proceeding.
At the Law Offices of David Michael Cantor, P.C., we handle a very high percentage of the "Sex Crimes" cases involving private counsel in the State of Arizona. We have one of the largest libraries with research materials devoted to challenging accusations involving sex crimes. In addition, our attorneys have attended numerous seminars sponsored by the National Child Abuse Defense and Resource Center (the leading center in the United States which assists in the defense of the falsely accused). Our attorneys have been highly trained in the clinical and forensic interviewing techniques of children and their families. This allows us to properly question Detectives and other mental health professionals who may have initially interviewed the alleged victim. If the interviewing process was not done correctly, it can often be shown that the Detective "lead" the alleged victim into giving the necessary answers required to charge the Defendant.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
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Aggravated DUI, Aggravated DWI |
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04/14/08 |
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Not Guilty |
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