In Arizona, if a criminal offense involves a child, it is penalized more harshly under Arizona Revised Statutes (ARS) § 13-705. If you have been charged with an eligible crime under this statute, it is important to hire an experienced Phoenix child sex abuse attorney, as you could be facing life-changing consequences. Howard A. Snader has years of experience helping clients combat criminal allegations in Arizona. Find out how he can help you during a free case consultation.
Why Choose Howard A. Snader?
- Howard A. Snader is certified as a specialist in criminal law by the State Bar of Arizona Board of Legal Specialization and has been since 1995.
- He has the knowledge and experience to get results when clients need them the most. Howard Snader is prepared to tackle even the most challenging cases.
- Attorney Snader is an expert in defending cases involving child sex crimes, child abuse and various offenses involving children. As a sole practitioner, he will handle your case personally.
- He has a track record of providing exceptional customer service. Our firm can give you greater peace of mind during this highly stressful time with personalized care and attention to detail.
How Can an Experienced Criminal Defense Attorney Help?
The strength of your criminal defense can determine your entire future as a defendant in Arizona. Charges for dangerous crimes against children can have profound legal, personal and social consequences. An experienced lawyer can provide invaluable assistance while navigating the complex and high-stakes situation you find yourself in.
Your attorney can help you understand the charges by thoroughly explaining the specifics of your case, including the potential penalties involved in a conviction. Then, your attorney can build a strong defense that is personalized to your individual situation. You can trust a lawyer to achieve the best possible results for your case, whether that involves negotiating a plea deal, arguing your innocence at trial or getting your case dismissed.
What Is Arizona’s Law Regarding Dangerous Crimes Against Children?
In Arizona, if a criminal offense is committed against a victim who was under the age of 15 at the time, it is prosecuted under a separate criminal statute: Arizona Revised Statutes (ARS) § 13-705. This law asserts stricter penalties for dangerous crimes against children compared to the same offense committed against adults. Its purpose is to protect children from serious crimes.
A defendant could face a harsher sentence under this statute if the offense was an eligible crime, the defendant was at least 18 years old or was tried as an adult, and if the victim was 15 years of age or younger (and if the defendant had reason to know the victim’s age). This law also applies to crimes committed against unborn children.
Eligible Crimes Under Arizona’s Dangerous Crimes Against Children Law
Arizona’s dangerous crimes against children law does not criminalize a specific act or offense. Instead, it lists many eligible crimes that could be penalized with harsher or longer sentences if the defendant committed them against children. These crimes include the following:
- Aggravated assault
- Attempted first-degree murder
- Bestiality
- Child abuse
- Child molestation
- Child sex trafficking
- Drug offenses
- Kidnapping
- Luring or aggravated luring of a child for sexual exploitation
- Second-degree murder
- Sexual abuse
- Sexual assault
- Sexual conduct with a minor,
- Sexual exploitation of a minor
- Sexual extortion
- Taking a child for prostitution
- Unlawful mutilation
If an offense is treated as a dangerous crime against a child in Arizona, this will affect the defendant’s sentence, with a potential impact on prison time, whether or not probation will be made available, and Phoenix sex crime victims can be eligible for early release programs.
Criminal cases under ARS § 13-705 are similar to domestic violence lawsuits in Phoenix in that various crimes are treated differently by the criminal courts due to the status of the victim. A crime being treated as a “dangerous crime against a child” in Arizona can impact the defendant’s prison sentence, the availability of parole and probation, and the collateral consequences involved.
Penalties for a Conviction Under ARS § 13-705
It is critical to hire a criminal defense attorney to help you fight allegations that fall under ARS § 13-705, as this statute can greatly increase the penalties and consequences you face. Many eligible crimes under ARS § 13-705 are penalized with prison sentences ranging from 13 to 27 years.
Potential prison sentence lengths for dangerous crimes against children include:
- Life imprisonment: for the sexual assault of or sexual conduct with a minor who is 12 years old or younger
- Minimum 39 years, maximum 81 years: for continuous sexual abuse of a child
- Minimum 25 years, maximum 35 years: for second-degree murder of a minor under 15
- Minimum 13 years, maximum 27 years: for attempted first-degree murder, sexual assault, sexual conduct with a minor under the age of 12, manufacturing methamphetamine causing injury to a minor under 12 and taking a child aged 12 to 14 for prostitution.
- Minimum 10 years, maximum 24 years: for aggravated assault and molestation and abuse of a child
- Minimum 5 years, maximum 15 years: for luring a minor for sexual exploitation
There are also various collateral consequences involved in these convictions, such as mandatory sex offender registration in Arizona in Arizona, the loss of certain civil rights from a felony conviction, challenges gaining housing or employment, restrictions on travel to certain places, ineligibility for certain professional licenses, impact on custody cases, and damage to reputation and personal relationships.
The details of a sentence if you are convicted will depend on the circumstances, such as the nature of the crime, your criminal history, the amount of harm caused and the victim’s age. Aggravating or mitigating factors can increase or decrease a sentence, accordingly. Certain first-degree dangerous crimes against children carry mandatory life sentences in Arizona, including sexual conduct with and sexual assault against a minor 12 years old or younger.
Criminal Defense Options
Working with a reputable criminal defense attorney in Arizona can allow you to build a strong defense that minimizes the effects of a criminal charge on your life, future and freedom. Your defense options will depend on the nature of the underlying charge, and may include:
- Insufficient evidence (failure to meet the prosecutor’s burden of proof)
- Wrong defendant, mistaken identity or alibi
- False allegations or fabricated evidence
- Lack of intent to commit a crime
- Mistake of age
- Constitutional rights violations or misconduct by the police
- Police entrapment
Your defense attorney will choose the best legal strategy for you based on the situation. You can count on your lawyer to aggressively fight for the best possible case outcome using years of experience and close relationships with judges and prosecutors.
What to Do When Faced With Allegations of a Dangerous Crime Against a Child
It is essential not to say anything if you are taken in for questioning or arrested on suspicion of a dangerous crime against children in Arizona. If you find yourself in this situation, use your right to remain silent to avoid accidental self-incrimination. Remain as calm and composed as possible; avoid arguing or fighting with the police.
If you find yourself in the serious position of being arrested for an alleged dangerous crime against a child in Arizona, take the following critical steps to protect yourself as much as possible:
- Try to remain calm and do not resist arrest. Be respectful to the police. Do not argue or act aggressively.
- Use your right to remain silent. Do not answer police questions without an attorney present. Even answers that may seem harmless can be used to incriminate you.
- Request an attorney immediately. You have the right to a lawyer, and if you cannot afford one, a public defender will be assigned to you. Contact a lawyer without delay.
Refrain from discussing your case with anyone other than your attorney. This includes posting anything on social media. Do not attempt to communicate with or contact the alleged victim or the victim’s family. Seek legal representation from a criminal defense attorney as soon as possible. Your attorney should have experience specifically with cases involving dangerous crimes against children in Arizona.
Contact Board-Certified Criminal Defense Attorney Howard A. Snader
Hiring an attorney is your best defense against an allegation involving ARS § 13-705, Arizona’s dangerous crimes against children law. Your attorney will help you understand the charges, find out what evidence the prosecutor has against you and prepare for the legal process ahead. The right lawyer will fight for your rights while you focus on your future. Contact Snader Law Group to request a free initial case evaluation today.