Phoenix Sexual Assault Lawyer

Phoenix Sexual Assault Attorney

Sexual assault or rape is any type of sexual conduct, whether masturbatory or penetrative, without the person’s consent. These allegations can involve various acts that fall under this basic definition. Regardless of the specific circumstances, these are serious accusations with life-altering penalties upon conviction. When the stakes are this high, you need to take immediate action to protect yourself and your future. A Phoenix sexual assault lawyer can defend you against these charges.

Working with a Phoenix sexual assault lawyer is the best way to deal with these charges proactively. At Grand Canyon Law Group, our Phoenix sex crime lawyers are former prosecutors who know how to handle your case the right way. We can use our legal knowledge and experience to protect your rights and fight for the most favorable outcome in your situation.

PENALTIES FOR SEXUAL ASSAULT IN PHOENIX

If a person is convicted of sexual assault, they face a mandatory prison sentence of at least 5.25 years, up to 14 years. Each sexual act can be charged separately, and those counts will come with consecutive prison sentences. These are life-altering consequences, making it crucial to work with an experienced sexual assault attorney at our firm on an airtight defense. A strong defense strategy could reduce a person’s sentence or help them avoid prison time altogether.

AGGRAVATING FACTORS IN RAPE CASES

Multiple factors could lead to aggravated charges and increased penalties in a sexual assault case. These could include the following:

• Harm or physical injury to the victim
• The span of time or the number of counts allegedly committed
• Any emotional or financial harm to the victim
• Any prior convictions by the defendant

The prosecutor can allege many other aggravating factors beyond the ones listed above. If they can convince a jury, these factors may lead to increased prison time and other penalties. Our Phoenix criminal defense lawyers can argue against aggravated charges and present mitigating factors to lessen the potential consequences of a sexual assault conviction.

PROVING LACK OF CONSENT

The central aspect of any sexual assault case is the lack of consent. This is often the most difficult part of the state’s case, although they must also prove that sexual acts occurred. Proving that these happened without a person’s consent is more challenging, leaving many potential avenues for a Phoenix attorney to explore.

In many cases, the prosecution may try to prove the consent element through a confrontation call, also known as a one-party consent call. This involves an alleged victim or witness contacting the defendant on a secretly recorded call to try and get them to admit to the charges. The dedicated lawyers at our Phoenix office understand these tactics in sexual assault investigations and can work to protect a defendant’s rights throughout the proceedings.

Another potential defense strategy involves highlighting inconsistencies in the alleged victim’s statements. Over time, recollections of events can change, and discrepancies between initial reports and later testimonies can weaken the prosecution’s case. Your attorney can use these inconsistencies to cast doubt on the reliability of the allegations and challenge the credibility of the accuser in court.

Evidence of ulterior motives, such as personal disputes or attempts to gain leverage in a separate matter, can be brought forward to further undermine the state’s argument. Physical evidence, or the lack thereof, is another critical area of defense. For instance, if DNA evidence does not support the accuser’s claims or conflicts with the timeline of events provided by the prosecution, it can significantly weaken their case.

In situations where no physical evidence exists, the defense can argue that the state’s case relies solely on uncorroborated allegations, which may not meet the high burden of proof required for a conviction.

Phoenix Sexual Abuse FAQs

Q: How Long Does It Take to Solve a Sexual Assault Case?

A: The time required to resolve a sexual assault case depends on factors like evidence complexity, court schedules, procedural delays, and whether the case is settled or goes to trial. Some cases conclude quickly if the evidence is weak, while others take longer due to investigations or hearings. The timeline also varies depending on whether the case involves plea agreements or extensive litigation.

Q: How Do Most Sexual Assault Cases End?

A: Most sexual assault cases conclude through plea agreements, dismissals, or trials. Outcomes often depend on the strength of the evidence, the credibility of witnesses, and the legal arguments presented. Some cases are dismissed due to insufficient evidence or procedural issues, while others are resolved through negotiated plea deals. When cases proceed to trial, the court determines guilt or acquittal based on the presented evidence.

Q: How Do I Fight Sexual Assault Charges?

A: Fighting sexual assault charges involves challenging the evidence, questioning the credibility of witnesses, and highlighting procedural errors. Defenses may include lack of intent, misidentification, or proving consent. The accused may also point out inconsistencies in the prosecution’s case or violations of due process. Success often depends on presenting a thorough, evidence-based argument and exposing flaws in the allegations.

Q: Can Sexual Assault Charges Be Expunged in Phoenix?

A: In Phoenix, AZ, sexual assault convictions cannot be expunged due to the seriousness of the offense. However, under certain circumstances, a conviction may be “set aside,” which is similar to clearing the record but does not remove the conviction entirely. This process can demonstrate rehabilitation and may reduce the impact of the conviction on future opportunities. Consulting a knowledgeable attorney is essential for determining eligibility and navigating the set-aside process effectively.

Q: What Is the Law for Sexual Assault in Phoenix?

A: Sexual assault is defined in Phoenix law as engaging in sexual contact or intercourse without the other person’s consent. It is prosecuted as a serious felony, with penalties that include prison time and mandatory sex offender registration. Aggravating factors, such as the use of force or the victim’s age, can lead to enhanced charges and increased penalties.

CONTACT A PHOENIX SEXUAL ASSAULT ATTORNEY TO DEFEND YOU

When you face sexual assault allegations, legal counsel can make all the difference in the outcome of your case. An empathetic attorney will listen and understand your side of the story while knowing how to fight and attack the state’s case. A Phoenix sexual assault lawyer will also work with experts to build a strong case for an acquittal on behalf of the defendant.

At Grand Canyon Law Group, we have the experience and know-how to defeat the charges against you. You need someone who understands these specific laws to help you navigate the legal system. Give us a call today to learn how we can fight for your way of life.

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