Phoenix Sexual Assault Lawyer

Top Rated Sexual Assault Attorney in Phoenix, AZ

Being accused of sexual assault in Phoenix can be a terrifying experience. It is crucial to understand how serious these charges are and what penalties may arise should you be convicted. Whether allegations of assault have arisen due to a misunderstanding in Roosevelt Row or stem from an incident that occurred near Ahwatukee Foothills, you need to hire a Phoenix sexual assault lawyer who can help defend your rights and freedoms.

Davidson Criminal Defense & DUI Law Firm: Defending Your Rights in Arizona

In Arizona, rape—or “sexual assault”—charges are taken very seriously and defendants tend to receive harsh penalties if convicted. As a Phoenix criminal defense attorney, Joshua S. Davidson has witnessed firsthand how seriously prosecutors and judges take sexual assault offenses.

If you have been charged with Sexual Assault in Phoenix, Mesa, Tempe, Scottsdale or Glendale, it is essential to hire a lawyer who will take an aggressive stance to defend you against sexual assault allegations. Attorney Joshua S. Davidson has handled many different cases involving sexual assault charges in Phoenix, and understands how these cases are usually one person’s word against another’s, with little or no physical evidence of the actual crime.

As your Phoenix Sex Crimes Defense Lawyer, he will investigate and interview potential witnesses, and gather all evidence necessary to achieve a positive result for your sexual assault case.

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Defining Sexual Assault in Phoenix

Sexual assault is defined as sexual contact that involves an un-consenting party. If a person is unable to consent to any type of sexual activity because of mental or physical incapacity, such as being intoxicated, they are considered to be an un-consenting party.

Because of the many different situations that can occur with sexual assault charges in Phoenix, it is very important that you consult a qualified sex crimes defense attorney who has the experience to handle your case properly and effectively.

Some people in Phoenix are at a higher risk of being accused of committing sexual assault because of their professional occupations. During his time as a Phoenix lawyer, Joshua S. Davidson has seen many doctors and teachers accused of sexual assault, because of their close relationships to patients and students, who can sometimes be wrongly motivated to make false allegations.

People can find many different reasons to accuse someone of sexual assault, and revenge is what typically leads people to make false allegations. As your Phoenix criminal defense lawyer, Joshua S. Davidson will do everything in his power to reveal any falsities behind the allegations against you.

Penalties for a Sexual Assault Conviction in Phoenix

In America, one individual is sexually assaulted every 74 seconds. Instead of simply being another statistic, you need to hire a lawyer who can help make you aware of your rights when facing sexual assault allegations. These allegations should not be taken lightly, as they can have massive penalties if you are convicted, whether you are actually guilty or not. These penalties can include any one or a combination of the following:

• Fines. If you are convicted of any number of sex crimes, including sexual assault or rape, you will likely face a wide range of different fines, depending on the exact nature of the crime itself.
• Probation. Instead of, or in addition to, your prison sentence, you may also face a period of probation. This typically will involve some kind of strict supervision by a probation officer and the requirement for you to follow certain rules or conditions, such as having restricted access to minors and required check-ins with your probation officer.
• Prison sentence. For certain sex crimes, like assault and rape, an individual may face long prison times, ranging from a few years to life in prison, depending on the severity of the crime committed.
• Sex offender registry. If you are convicted of a sex crime in Arizona, you will most likely be required to register as a sex offender. This usually involves supplying your personal information to certain law enforcement agencies, which can make this information available to the public.
• Treatment programs. When convicted of sexual assault, you may be required to attend certain sex offender treatment programs. These programs work to help you understand the behavior that led to the crime and can attempt to prevent any further repeated action.
• Employment or housing issues. If you are convicted of sexual assault or rape in Phoenix, you will likely face issues when seeking new or maintaining current housing and employment opportunities. In fact, individuals with a criminal record or conviction face an unemployment rate of 30%.

If you have been charged with sexual assault, you need to hire a Sexual assault lawyer who can review your case, listen to your side of the story, and help determine what defense strategy will fit the needs of your case. These defenses can include having an alibi for the time of the alleged assault, being mistakenly identified as the perpetrator, being falsely accused, or demonstrating that the contact was consensual.

Your attorney may also be able to prove that there was no actual physical contact between you and the accusing party or that the alleged victim misrepresented their age, only applicable in cases where the alleged victim turned out to be a minor.

FAQs

Can I Be Charged With Multiple Counts of Sexual Assault for a Single Encounter?

Yes. Under Arizona law, each separate sexual act during a single encounter can be charged as its own count of sexual assault. For example, if oral sexual contact, digital penetration, and sexual intercourse all occur during the same incident, the prosecution can file three separate counts of sexual assault under ARS 13-1406. Critically, Arizona requires that sentences for each count run consecutively — meaning back to back — rather than concurrently. This is commonly referred to as “charge stacking,” and it can dramatically increase the total potential prison exposure. If you are facing multiple counts, retaining an aggressive defense attorney as early as possible is essential.

Will I Have to Wear an Ankle Monitor While My Sexual Assault Case Is Pending?

Potentially, yes. Under ARS 13-3967(E)(1), Arizona judges are required to impose an electronic monitoring device where available when someone is facing sexual assault charges. However, this is not automatic in every case, and the outcome of your release conditions depends heavily on what happens at your bail hearing. The State will often argue for no bond at all, particularly in serious cases. Because the bail hearing typically occurs very early in the process, having an experienced sexual assault defense attorney in place before that hearing — not after — can make the difference between waiting for trial at home or in jail.

Is Marriage a Defense to Sexual Assault Charges in Arizona?

No. Under ARS 13-1406, the fact that the alleged victim is your spouse is not a legal defense to sexual assault. Arizona law does not recognize a marital exemption — meaning a person can be charged and convicted of sexually assaulting their current spouse. This is a common misconception that has led many people to make incriminating statements to police under the false belief they cannot be prosecuted. If you have been accused of sexual assault involving a spouse or domestic partner, you should speak with a criminal defense attorney immediately and avoid discussing the allegations with law enforcement without counsel present.

What Is the Difference Between Sexual Assault and Sexual Abuse in Arizona?

These are two distinct criminal offenses under Arizona law, and the distinction significantly affects potential penalties. Sexual assault under ARS 13-1406 — commonly referred to as rape — involves sexual intercourse or oral sexual contact with another person without their consent and is charged as a Class 2 felony carrying mandatory prison time. Sexual abuse under ARS 13-1404, by contrast, involves non-intercourse sexual contact with a person aged 15 or older without consent, or sexual contact involving the breast of a person under 15. Sexual abuse is a Class 5 felony when the victim is 15 or older and a Class 3 felony when the victim is under 15. While both charges carry serious consequences including mandatory sex offender registration, the sentencing ranges differ substantially. Understanding which charge you are facing — and why — is a critical first step in building your defense.

Hire a Sexual Assault Lawyer From Davidson Criminal Defense & DUI Law Firm Today

Rape allegations in Phoenix are very serious and can be punished depending on the type of sexual assault that took place and if the defendant has any previous offenses, they may face severe sentences if convicted. Phoenix sex crimes Defense attorney Joshua S. Davidson provides every client with serious and aggressive representation and will work hard with special attention to maximizing the chances of having your sexual assault charges reduced or dismissed.

If you or someone you know is facing sexual assault charges, contact Phoenix Sex Crimes Defense Lawyer Joshua S. Davidson today to discuss your case!

Phoenix, AZ Sexual Assault Resources

Why Do People Falsely Accuse Someone Of Rape or Sexual Assault?
Sexual Assault Charges in Arizona