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Sex Crimes
Arizona Sex Crimes DEFENSE Attorney
Phoenix Sex Crimes Defense Lawyer
The greater Phoenix Law Office of James Novak represents clients in Phoenix, Scottsdale, Mesa, Tempe, Gilbert, and Chandler, Arizona facing Arizona sex crime charges. As an experienced Phoenix sex crimes defense attorney, James Novak knows how aggressive prosecutors, judges and juries are when dealing with sex crime charges.
Sex crimes in Arizona have a stigma attached to them unmatched by most other crimes, and an Arizona sex crime conviction could result in a lifetime of hassle, probation, and monitoring. If you are facing a sex crime charges in Phoenix, you should seek the representation of a qualified lawyer immediately.
Sex Crimes Lawyer
As a Phoenix Arizona sex crimes defense attorney, James Novak has the needed experience defending clients charged with a wide variety of sex crimes. Some of the Arizona sex offense cases we handle valley – wide – include:
- Child Molestation
- Sexual Conduct with Minor
- Internet Child Pornography
- Cyber Crimes
- Sexual Assault
- Indecent Exposure
- Luring
- Sex Abuse
- Sexual Misconduct
- Sexual Exploitation of a Minor
- Child Sexual Abuse
- Dangerous Crimes Against Children (DCAC)
Charges of Sex Crimes
If you have been arrested, charged or under investigation for Arizona sex crimes it is important to retain an Arizona sex crime defense attorney with the experience defending people charged these types of cases. Regardless of what specific charges you may be facing, all Arizona sex crime offenses are serious and carry extreme penalties. It is important that you consult with a Phoenix Sex Crimes Defense Lawyer who is capable of handling your case and defending you. Phoenix Attorney James Novak is a former Maricopa County prosecutor who knows how to provide a strong defense with Arizona sex crimes offenses.
EXPERT
In defending Arizona sex crimes, the use of an expert by your Arizona criminal Defense Attorney to build your defense case. It may include provide a psychological evaluation or “risk assessment” and is often administered by an expert to evaluate you to determine if you poses a real risk or threat and provide their recommendations as to whether or not you it is safe to allow you back into the community. In many cases where diagnostic testing establishes that the defendant is at a low risk, the State or the judge may determine the defendant is a good candidate for probation or a substantially lower incarceration sentence.
Sex Crime Sentencing
Arizona sexual offense charges are serious and carry serious punishment upon conviction. At times when you are charged with a Phoenix sex offense you are denied the opportunity to plea bargain their case. Arizona has mandatory sentencing laws that if convicted requires a term of prison from five to fourteen years for rape and thirteen to twenty-seven years for sex offenses involving children. The length of imprisonment may be “flat time”; this means that there is no early release. Sometimes the psychological evaluation or “risk assessment” conclusions are that you may pose a real risk or threat and should not be allowed to remain in the community. In many cases where diagnostic testing establishes that the defendant is at a low risk, the State or the judge may determine the defendant is a good candidate for probation or a substantially lower incarceration sentence, and allowed to return to the community without being a safety risk.
Phoenix Sex Crimes Defense Attorney
Being charged with a sex crime in Phoenix can be an extremely embarrassing and humiliating experience, especially if you are found guilty of committing a sex crime. Depending upon what specific sex crime charges you are convicted of, you could face a lifetime prison sentence, large fine amounts, probation, and possibly a lifetime of having to be a registered sex offender.
As an experienced Phoenix sex crimes defense attorney, James Novak understands the motivations behind many sex crime charges. At times the police and prosecution will file and charge a sex crime case based on one person’s word. Many people use these allegations to gain leverage in divorces, child custody battles and falsely accuse others of a sex crimes.
James Novak will examine all evidence surrounding your case and expose any false allegations. As a sex crimes lawyer, he will do everything he can to protect your future and your freedom.
If you or someone you care about has been charged with a sex crime, contact Phoenix sex crimes defense attorney James Novak for your FREE consultation with an Arizona sex crimes attorney
ARIZONA SEX CRIME LAWS
If you have been accused and under investigation for a sex offense, you need to consult with an Arizona sex crimes lawyer as soon as possible. Don’t wait for an arrest. An experienced sex crimes attorney can help you through the investigation process and protect you from an overly aggressive detective.
The most common Arizona sex crimes can be summarized as follows:
Child molestation involves the touching a child inappropriately, and sexually.
A person may be found guilty of Arizona Child Molestation laws under A.R.S. 13-1410 if they knowingly and intentionally commit child molestation. The exception to this is a person who has contact with a female breast with a child under 15 year old.
The state regards rimes such as molestation against children very seriously, and categorizes these offenses as Class 2 felonies. Class 2 felonies expose a person to aggravated sentencing ranges for Dangerous Crimes Against Children under A.R.S. 13-705. These sentences run consecutive to general sentences imposed, and expose a person to long prison terms that range up to 27 years or life.
Indecent exposure; exception; classification
A person may be found guilty of indecent exposure in Arizona in violation of A.R.S> 13-1402 if they expose themselves inappropriately and recklessly in the presence of another without regard that a reasonable person may take offense or be alarmed by the act. This does not apply to a mother who is breast feeding.
If the victim present is over 15 years old, charges will be brought as a Class 1 Misdemeanor, which calls for 6 months in Jail. .
If the victim present is a person under fifteen years old, charges will be brought as a Class 6 felony, which exposes a person to prison sentencing.
13-3553. Sexual exploitation of a minor; evidence; classification
A. A person commits sexual exploitation of a minor by knowingly:
- Recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
- Distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
B. If any visual depiction of sexual exploitation of a minor is admitted into evidence, the court shall seal that evidence at the conclusion of any grand jury proceeding, hearing or trial.
K C. Sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-705.
13-3554. luring a minor for sexual exploitation; classification
- Recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
- Distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
13-1403. Public sexual indecency; public sexual indecency to a minor; classifications
A. A person may be found guilty of public sexual indecency if they knowingly, intentionally, and recklessly engage in the following acts, without regard to others taking offense to their actions:
- An act of sexual contact.
- An act of oral sexual contact.
- An act of sexual intercourse.
- An act of bestiality.
B. A person commits public sexual indecency to a minor if the person intentionally or knowingly engages in any of the acts listed in subsection A and such person is reckless about whether a minor under the age of fifteen years is present.
C. Public sexual indecency is a class 1 misdemeanor. Public sexual indecency to a minor is a class 5 felony.
13-1404. Sexual abuse; classification
A. A person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person who is fifteen or more years of age without consent of that person or with any person who is under fifteen years of age if the sexual contact involves only the female breast.
B. Sexual abuse is a class 5 felony unless the victim is under fifteen years of age in which case sexual abuse is a class 3 felony punishable pursuant to section 13-705
13-1406. Sexual assault; classification; increased punishment
A person may be found guilty of Arizona’s Sexual Assault laws if they intentionally and knowingly, engage in sexual acts with a person in absence of their consent.
Charges for sexual assault are categorized as Class 2 Felony. Increased sentencing and penalties are imposed by the court for these offenses. In these cases the defendant becomes ineligible for suspended sentencing, early release, probation. or pardon, except under specified statutory circumstances.
If the victim is under 15 year old, Arizona’s Dangerous Crimes Against Children sentencing A.R.S. 13-705 will apply in addition to other sentencing.
In addition, if the sexual assault involves administration of certain specified sedatives, also known as date-rape drugs, without the victim’s knowledge or consent, aggravated sentencing will also be imposed.
13-1405. Sexual conduct with a minor; classification; definition
- A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age.
- Sexual conduct with a minor who is under fifteen years of age is a class 2 felony and is punishable pursuant to section 13-705. Sexual conduct with a minor who is at least fifteen years of age is a class 6 felony. Sexual conduct with a minor who is at least fifteen years of age is a class 2 felony if the person is the minor’s parent, stepparent, adoptive parent, legal guardian, foster parent or the minor’s teacher or clergyman or priest and the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed has been served or commuted.
- For the purposes of this section, “teacher” means a certificated teacher as defined in section 15-501 or any other person who directly provides academic instruction to pupils in any school district, charter school, and accommodation school, the Arizona state schools for the deaf and the blind or a private school in this state.
IF you or someone you care about has been charged with a sex crime, consult
Arizona sex crimes defense attorney James Novak for your FREE consultation with an Phoenix sex crimes lawyer.