Phoenix Sexual Abuse Attorney
If you have been accused of a sexual abuse, you need to seek the advice of an experienced Phoenix sexual abuse attorney as soon as possible. Sex crimes, such as sexual abuse and sexual assault, are extremely serious criminal violations which are pursued with a high level of vigor in all states.
For example, anyone accused of a sex offense in Phoenix, AZ risks facing harsh consequences, including lengthy prison sentences, substantial fines, a permanent criminal record, and a variety of additional criminal and personal consequences.
Despite the fact that sexual abuse encompasses a wide range of behaviors, the legislation governing these felony offenses is difficult to understand and even MORE difficult to defend yourself against on your own. You should be aware of your legal rights and obligations if you have been charged with sexual abuse. In order to defend yourself, your freedom, and your future, you must retain the services of an experienced Phoenix criminal defense attorney who has successfully defended against sexual abuse allegations in AZ.
At Snader Law Group, we understand your case and what you must be going through at this stage of your life. We are here and we can help you get through this. Call our Phoenix-based criminal law firm to defend against sexual abuse charges today!
Charged with Sexual Abuse in AZ? Call Us Now!
If you’re arrested for a sexual abuse in Arizona, you will often be treated as though you’ve already been convicted. With people being quick to judge, often believing the accuser without any evidence, even a simple sex abuse allegation can ruin your life. Without the assistance of an experienced Phoenix sex crime lawyer, you will likely end up being forced to take an unfavorable plea deal and have to register as a sex offender for the rest of your life.
Howard Snader is a Phoenix sex crimes attorney and board-certified criminal law specialist with three decades of experience fighting for the wrongly accused. He is widely regarded as the top sexual abuse attorney in Phoenix, AZ. If you value your freedom, Howard may be your best chance to clear your name over a child sex abuse. Call us now to fight your sex crime charges in Phoenix, Avondale, and more areas in Arizona!
Why do I need a Phoenix sexual abuse defense attorney?
In Phoenix, sex crimes are widely considered to be particularly heinous. But when it comes to Arizona sex crimes, the accused is often the real victim. Sex crime allegations such as childhood sexual abuse are often the result of false statements by the accuser or an unfortunate misunderstanding. Since the mere mention of a sex crime in Arizona evokes a negative emotional response, simply being accused of committing one is often enough to cause friends and family alike to turn their backs on you.
But an accusation is not the equivalent of a conviction—far from it. You have the right to be considered innocent in the eyes of the law unless you’re proven guilty beyond a reasonable doubt in a court of law. That’s why you need an experienced Phoenix sexual abuse lawyer to help you fight allegations of sex abuse in AZ. If you need someone by your side to defend your freedom, call Snader Law Group today to get in touch with a trusted sex offense defense attorney in Phoenix, AZ and nearby areas!
What is sexual abuse in Arizona?
According to Arizona Revised Statutes 13-1404, the defendant is said to have committed sexual abuse if he or she:
- The defendant intentionally or knowingly engaged in sexual contact with a person who is 15 years old or older, without consent of that person; OR
- The sexual contact involved only the female breast and the defendant intentionally or knowingly engaged in sexual contact with a person under 15 years old.
However, if the victim was 15, 16, or 17 years old and the defendant was in a position of trust, that person’s consent cannot be used as a defense to prosecution.
What counts as sexual contact?
Sexual contact refers to any direct or indirect touching, fondling, or manipulating any part of the private areas (including genitals, anus, and female breasts).
It’s important to note certain types of sexual contact may fall under AZ criminal laws regarding child molestation and statutory rape.
In addition, sex acts in the context of child sexual abuse may involve situations where:
- The offender took sexually explicit photos or videos of a minor (also known as child pornography).
- The offender forced or tricked the victim into exposing or touching his or her own private parts.
If you need legal help with understanding the sex charges against you and how it can affect your case, give our Phoenix sexual abuse attorney a call to get a free consultation and discuss your situation.
How does the court determine if there was consent or not?
Consent is an important concept in determining whether sexual abuse occurred or not. Any sexual act that happened through the use of force of compulsion is considered to have happened without the consent of the victim. If the victim was threatened or coerced into performing a sex act, it may be considered sexual abuse or even sexual assault and rape.
In addition to the use of force or compulsion, this includes physical sexual conduct with a person who is mentally incapacitated or lacks the mental capacity to consent, such as persons who are:
- mentally ill
- under the legal age of consent
- consenting out of fear
- if the other person believes they have been tricked in order for the sexual act to take place, they may refuse consent.
What does a “position of trust” mean?
State criminal laws defines a person in a position of trust as someone who was or is any of the following:
- A minor’s parent, stepparent, adoptive parent, or foster parent
- A minor’s grandparent, aunt, or uncle
- A minor’s legal guardian
- A minor’s teacher, coach, or instructor
- Any adult school employee or volunteer at the minor’s school
- A minor’s clergyman or priest
- Any adult who volunteered or worked for a religious organization that hosted events of activities where the minor was in attendance
- Any person engaged in sexual or romantic relationship with the minor’s parent, legal guardian, or relative.
- Any person at least 10 years older than the minor who is related to the minor by blood or marriage within the third degree
- An employee of a group home (child welfare agency) or residential treatment facility where the minor resides or previously resided
Is sexual abuse different from sexual misconduct?
Sexual misconduct is defined as any unwanted sexual behavior conducted without consent or through force, intimidation, compulsion, or manipulation.
The term “sexual misconduct” is an umbrella phrase that refers to all forms of inappropriate sexual activity or sex abuse. The word is not intended to allude to a particular criminal or civil claim.
What is the statute of limitations for sexual abuse?
For civil or personal injury lawsuits, the victim of sexual abuse has two years after the act to file a sexual abuse claim.
But for criminal lawsuits, there is no statute of limitations for violent sexual abuse or sexual abuse of a minor. This means that the victim can file criminal charges against the offender with no time limit or expiration date.
If you have a question about the statute of limitation for a crime you’ve been charged with, reach out to our Phoenix sexual abuse attorney for a consultation.
What are the penalties for sexual abuse?
According to ARS 13-1404, a person convicted of sexual abuse is guilty of a Class 5 felony.
However, if the victim is under 15 years of age, the charge is bumped up to a Class 3 felony punishable pursuant to ARS 13-705 Dangerous Crimes Against Children (DCAC).
Are there factors that can affect my sexual abuse charges?
Some of the elements that may have an impact on sex crime charges include the following:
- The victim’s age was unknown.
- The defendant’s age is unknown.
- Whether or not the defendant has a criminal record is irrelevant.
- Whether or not the defendant intended to cause physical harm is in dispute.
- The presence or absence of a potentially hazardous tool or lethal weapon is important.
Is there prison time for a sexual abuse conviction?
All things considered, a person convicted of sexual assault in Arizona could face a prison sentence ranging from 5.25 years to 28 years.
If the abuser willfully inflicted physical injury on the victim, or if the victim is under the age of 12, the defendant may be sentenced to life in prison without the possibility of parole.
If you want to know how you can avoid getting convicted for a sex abuse charge, schedule a consultation with our Phoenix sexual abuse attorney today.
Do I need to register as a sex offender?
Those who get convicted of sexually violent offenses like childhood sexual abuse are required to register as sex offenders with the Arizona Department of Corrections. Being publicly identified as a sex offender can have a significant influence on a person’s everyday life, including job, housing, and interpersonal connections, among other things.
Important to note is that Arizona has extremely thorough and strengthened sentence systems for persons who have been convicted of criminal sexual activity on more than one occasion. Factors such as whether the offenses involved children, whether they were considered risky, and whether the sexual acts involved date-rape drugs will all contribute to the severity of the punishments.
What are the best defenses for sexual abuse?
These are some of the defenses that an experienced Phoenix sex crime lawyer may be able to raise on your behalf:
- You have an alibi, proving you were elsewhere when the crime took place.
- You lack the physical ability to perform the act of which you’ve been accused.
- The victim was mistaken in identifying you as the perpetrator.
- Your accuser (assuming that person was not a minor, mentally impaired, unconscious, or intoxicated) consented to sex with you.
Call our Phoenix sexual abuse lawyers to defend against sexual abuse charges now!
If you’ve been accused of being a sexual predator in Phoenix, Scottsdale, or anywhere in Maricopa County and beyond, or believe you are about to face such charges, you can find the best sexual abuse attorney and specialized legal representation by calling the law offices of Board Certified Criminal Law Specialist Howard A. Snader for your free case evaluation. Our Phoenix sexual abuse attorney will fight for you.
Howard Snader, a veteran Phoenix sexual abuse lawyer, understands that just because you are being accused of child sexual abuse or sexual harassment does not mean you are necessarily guilty. Regardless of the nature of the crime you are accused of, you have the right to the presumption of innocence in abuse cases and to be represented by the Phoenix sex crime lawyer you can find. He will investigate the allegations by the sexual assault survivor, examine police procedures, interview witnesses, and look for possible motivations for your accuser to have lied, and identify weaknesses in the prosecution’s case during the legal action against you. Call our Arizona criminal defense law firm now.