Sexual Assault Defense Attorney in Tucson

Sexual assault is a grave offense with significant legal consequences in every U.S. state, including Arizona. Arizona has its own specific regulations and definitions about this crime, emphasizing the importance of consent, age, and the relationship between the involved parties. At the heart of Arizona's stance is protecting individuals from acts committed without explicit permission, especially when they are in vulnerable positions or states of incapacity. There are defenses that can be raised against a charge of sexual assault in Arizona, including lack of intent, mistaken identity, or the belief that the victim consented. An experienced criminal defense attorney will know how to build a sound defense to defend your rights.

If you have been charged with sexual assault 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 conviction 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. 

Arizona Attorneys for Criminal Justice
Ms. Molnar is an amazing woman and lawyer she helped me through a very long fight on a case and didn't give up she works hard and fights for her clients. I highly recommend Ms. Molnar and her services. You will not be disappointed in her services.
Rafael G.

What is Sexual Assault in Arizona?

Under Arizona Revised Statutes § 13-1406, a person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without the consent of such person. Sexual assault, commonly referred to as rape in many jurisdictions, is a serious offense in Arizona. Like many states, Arizona's laws are specific about what constitutes sexual assault and the penalties for such crimes. 

Sexual Assault Main Factors: 

  • Lack of Consent: One of the essential elements of the crime is that the act is committed without the victim's consent. Consent that is obtained through fraud, force, threats, intimidation, or if the victim is incapable of consent due to mental illness, drugs, alcohol, or physical disability, is not valid consent.

  • Age: If the victim is under the age of 18, there are separate statutory rape provisions. It's worth noting that Arizona Romeo and Juliet laws protect young adults and minors from legal penalties for consensual sex. In Arizona, minors can have consensual sex if they're within two years of an age difference and the youngest is at least 15.

  • Relationship: The relationship between the perpetrator and the victim can also play a role in the classification of the crime. For example, if the perpetrator is in a position of trust or authority (like a teacher or coach), it can lead to more severe charges or penalties.

Arizona Sexual Assault Penalties

In Arizona, sexual assault is treated with the utmost seriousness and is considered a class 2 felony. The implications of such a classification are far-reaching, and the penalties are stringent to serve as both a punishment and a deterrent. Arizona's sexual assault penalties largely depend on the offense's specific circumstances.

First-Time Offenders:

Those without prior sexual assault convictions generally face the following:

  • A minimum sentence of 5.25 years.
  • A presumptive sentence (or standard expected sentence) of 7 years.
  • A maximum sentence of 14 years, depending on the details and severity of the crime.

Second-Time Offenders:

For individuals with a prior sexual assault conviction, Arizona's legal system imposes heightened penalties to underscore the state's zero-tolerance policy. While specific sentences can vary based on the details of each case, second-time offenders typically face:

  • Longer mandatory minimum sentences, often with limited opportunities for parole or early release.
  • Higher likelihood of receiving maximum sentences.
  • Increased scrutiny during the trial due to their previous record.

Probation and Sex Offender Registration

  • Lifetime Probation: In some instances, even after serving time in prison, an individual might be subjected to lifetime probation. This means they remain under the scrutiny of law enforcement and have to meet specific conditions to remain outside of prison.

  • Sex Offender Registration: Convicted individuals are often required to register as sex offenders. This registration affects various aspects of a person's life, including employment opportunities and residential restrictions, and ensures the community is aware of their past offenses.

Aggravating Circumstances

The state of Arizona defines certain situations or factors that, when present in a sexual assault case, can intensify the penalties:

  • Physical Injury: If the assault results in serious physical injury to the victim, this is seen as an aggravating factor. Such cases are likely to receive sentences on the higher end of the spectrum.

  • Use of Weapons: The employment of a deadly weapon or dangerous instrument during the assault enhances the gravity of the crime. A knife, gun, or any other object that could cause substantial harm or fear can fall under this category.

  • Multiple Perpetrators: An assault committed in collaboration with one or more other individuals increases the severity of the offense. Such cases often involve added layers of intimidation and trauma for the victim.

Arizona's approach to sexual assault penalties underscores its commitment to safeguarding its residents. The diverse range of penalties and aggravating circumstances ensure that each case is evaluated on its merits while maintaining a stern stance against the offense. If you have been accused of a sexual assault crime, you should be acutely aware of these penalties and seek proper legal counsel to navigate the complexities of the Arizona legal system.


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
Why Clients Choose Us
Contact a Sexual Assault Defense Attorney in Tucson

Facing charges of sexual assault in Tucson, Arizona, can be an overwhelming and life-altering event. Arizona treats offenses of sexual assault 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 assault, 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 assault, 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.

Need Help?
Free Consultation:
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.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
319 W Simpson St
Tucson, AZ 85701
Copyright © 2024 Molnar Law Office. All Rights Reserved.
Designed by:
Lab Coat Marketing