Need an Arizona Sexual Assault Attorney? Contact David Michael Cantor if you have been charged with Sexual Assault.
Whether in the Phoenix area, or anywhere in Arizona, per ARS §13-1406 “Sexual Assault”, or “Rape”, occurs when a person intentionally or knowingly engages in sexual intercourse or oral sexual contact with any person without consent of such a person. This particular statute also assumes that the victim is eighteen (18) years of age or older.
Possible Punishment for Sexual Assault
For a Sexual Assault first offense, the minimum is five and one quarter (5.25) years in prison; the presumptive is seven (7) years; and the maximum is fourteen (14) years of incarceration. If the Defendant has one (1) allegeable historical prior conviction, then the minimum is now seven (7) years in prison; the presumptive is ten and one half (10.5) and the maximum is twenty-one (21) years in prison. If the Defendant has two (2) or more allegeable historical prior convictions, now the minimum is fourteen (14) years in prison; the presumptive is fifteen and three quarters (15.75) years in prison; and the maximum is twenty-eight (28) years in prison. A person must serve 100% of their time before they are eligible for release. In addition, if any type of drug has been used (i.e. a “ruffie”) then an additional three (3) years is added to the minimum, presumptive and maximum sentences. Lastly, if there is any intentional or knowing infliction of serious physical injury, then the Defendant risks being sentenced from twenty-five (25) years to life in prison for Sexual Assault.
Possible Defenses for Sexual Assault
Sexual Assault charges can be extremely dangerous in the context of college parties or bar situations. Numerous false claims have been filed by women who were intoxicated and then later regretted their decision (usually after being taunted by friends who used derogatory terms). The alleged “victim” is now left with either acknowledging to their taunting friends that they are a “slut”, or they can “save face” and claim that they were “taken advantage of”. It is important to insure that all medical evidence is reviewed immediately (if there is any); that all witnesses at the bar or party are contacted and interviewed immediately; that a polygraph be conducted on the accused; and that other individuals be interviewed to determine the alleged victim’s propensity for promiscuity and untruthfulness.
The “Common Defenses” for Sexual Assault, which a Sexual Assault Lawyer may apply in any criminal case are numerous and diverse. One of 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 Attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what you have been charged with, 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 a skilled Sexual Assault Lawyer to defend you who has knowledge of both the specific defenses and the common defenses involved in a Sexual Assault case.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is an Arizona Sexual Assault Attorney and a Certified Criminal Law Specialist, 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 Arizona Sexual Assault Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
Contact The Law Offices of David Michael Cantor and speak to an Arizona Sexual Assault Attorney. We will assist you with your Sexual Assault case.
