Sexual Abuse Defense Attorney in Tucson

Being accused of sexual abuse can feel incredibly overwhelming and intimidating. These accusations, which come with strong societal judgment and serious legal consequences, can completely change the direction of a person's life. People often struggle with mixed emotions, including fear, anxiety, and confusion about the legal process they're facing. Amid all these intense feelings, having experienced legal counsel becomes extremely important.

If you have been charged with a sexual abuse crime in Tucson, it is important to contact an experienced criminal defense attorney as soon as possible. Our criminal defense firm not only provides excellent representation in the courtroom but also considers the potential long-term effects receiving a sex crime can have on your future. We will work closely with you to ensure your rights are defended, and you get the best result possible based on your case's circumstances. We offer a free case evaluation so that you can best understand your next steps. Contact us today to schedule an appointment.

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What is Considered Sexual Abuse in Arizona?

Under A.R.S. § 13-1404, sexual abuse occurs when a person intentionally or knowingly engages in sexual contact with another person aged 15 or older without that person's consent. Additionally, it includes sexual contact with a person who is under 15 years of age if the contact only involves the female breast.

"Sexual abuse" in the legal context refers to a range of non-consensual sexual activities or behaviors that are considered unlawful and offensive. In Arizona, sexual abuse is defined as engaging in various sexual acts or conduct without the consent of the other party involved. This lack of consent is a crucial element in determining whether an act qualifies as sexual abuse.

Sexual Abuse Actions and Behaviors

In Arizona, the following actions and behaviors may be considered sexual abuse if they occur without the explicit consent of the other party involved:

  1. Unwanted Touching or Fondling: Touching, fondling, or groping another person's intimate body parts without their consent.

  1. Forced Sexual Intercourse: Engaging in sexual intercourse or penetration without the other person's consent, often through physical force, threats, or coercion.

  1. Non-Consensual Sexual Acts: Engaging in any sexual act, such as oral sex, anal sex, or other intimate acts, without the other person's agreement.

  1. Sexual Harassment: Engaging in unwelcome sexual advances, comments, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates a hostile or uncomfortable environment.

  1. Exposing or Exhibitionism: Exposing one's genitals or engaging in sexual acts in a public place without the consent of others who may witness it.

  1. Non-Consensual Sharing of Intimate Material: Sharing explicit or intimate images or videos of someone without their consent, often referred to as "revenge porn."

  1. Sexual Exploitation: Manipulating or coercing another person into engaging in sexual acts for personal gain or the pleasure of someone else.

  1. Sexual Assault: Engaging in non-consensual sexual acts, which can include both physical and non-physical forms of coercion, without the other person's agreement.

  1. Child Sexual Abuse: Involving minors in any sexual activity, even if the minor may initially appear to consent due to their age, is generally considered child sexual abuse.

  1. Date Rape: Using drugs or alcohol to incapacitate someone and engage in sexual activity without their consent.

  1. Sexual Coercion: Using psychological, emotional, or physical pressure to force someone into sexual activity against their will.

  1. Sexual Misconduct: Engaging in any sexual behavior that violates laws, rules, or policies, often within institutional or workplace settings.

It's important to remember that consent is crucial in determining whether an action or behavior qualifies as sexual abuse. If there is any doubt about whether an action is consensual, it's important to seek clear communication and agreement from all parties involved. If you have questions or concerns about a specific situation, it's advisable to consult legal counsel to understand the legal implications in Arizona.

Penalties for Sexual Abuse In Arizona

The penalties s for a conviction of sexual abuse in Arizona are significant and can have lasting effects on an individual's life. These consequences can include:

For Victims Aged 15 or Older, Sexual Abuse is a Class 5 Felony

Penalties for First-Time Offenders:

  • Probation with potential jail time of up to 1 year or;
  • Prison sentences range from 6 months to 2.5 years.
  • Fine of up to $150,000 per A.R.S. § 13-801.

For Those with One Prior Felony:

  • Prison range of 1 year to 3.75 years.

For Those with Two Prior Felonies:

  • Prison ranges from 3 years to 7.5 years.

For Victims Under Age 15, Sexual Abuse is a Class 3 Felony

Standard Penalties:

  • Mitigated prison sentence: 2 years.
  • Minimum prison sentence: 2.5 years.
  • Presumptive prison sentence: 5 years.
  • Maximum prison sentence: 7.5 years.
  • Aggravated prison sentence: 8.75 years.
  • Fine of up to $150,000.

With One Predicate Felony Conviction (e.g., another DCAC):

  • Minimum prison sentence: 8 years.
  • Presumptive prison sentence: 15 years.
  • Maximum prison sentence: 22 years.
  • Fine of up to $150,000.

With Two Predicate Offense Convictions:

  • Prison sentence up to a maximum of 25 years.
  • Fine of up to $150,000.

Individuals convicted of a DCAC offense must serve 100% of their prison sentences without eligibility for early release. While sexual abuse charges are less severe than child molestation or sexual conduct with a minor, the consequences remain significant. Convicted individuals must register as sex offenders for life, prohibiting contact with anyone under 18 unless approved by a probation officer. This includes the offender's minor children and grandchildren.

CASE RESULTS

First Degree Murder

Case Result:
Acquitted at Trial

Molestation Charges

Case Result:
Charges Dismissed

False Abuse Charges

Case Result:
Charges Dismissed

Stealing Accusations

Case Result:
Acquitted at Trial
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Contact a Sexual Abuse Defense Attorney in Tucson

Facing charges of sexual abuse in Tucson, Arizona, can be an overwhelming and life-altering event. Arizona treats offenses of sexual abuse with utmost seriousness, and the penalties upon conviction can be grave, especially for those with prior offenses. The consequences might encompass imprisonment, significant fines, probation, mandatory counseling or therapy, and potentially, the requirement to register as a sex offender.

As your dedicated attorney in Tucson experienced in cases of sexual abuse, we are committed to offering you unwavering support and empathy during this daunting phase. We comprehend the profound emotional impact such a charge can cast upon your life, and it's our endeavor to provide you with the required support, clear direction, and robust legal representation.

If you've been charged with sexual abuse, please reach out to us promptly to arrange a complimentary case evaluation. The primary aim of this evaluation is to clarify the charges you're contending with and guide you through the coming steps you should consider. Our firm serves the locales of Tucson, Oro Valley, Marana, South Tucson, and other surrounding sectors of Pima County. We're also equipped to assist residents from Nogales, Rio Rico, and additional regions within Santa Cruz County.

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Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. Molnar Law Office's legal team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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