Being charged with a Sexual Assault can have devastating legal and personal consequences. A person can be charged with Sexual Assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person. Consent is the driving force behind a Sexual Assault case. In many situations it is not clear whether or not a person consented to sexual intercourse. A person facing this charge may use this as a possible defense to fight this allegation. When facing a Sexual Assault charge, it is important to have an attorney begin crafting defenses as soon as possible.
Sexual Assault Charge
Sexual Assault is considered a Class 2 Felony. Under Arizona sentencing guidelines, the presumptive sentence for a Class 2 Felony (with no prior convictions) is 7 years and a maximum sentence of 14 years in prison. If a person has a prior felony conviction, the presumptive sentence is 10.5 years and the maximum is 21 years in prison. If the convicted defendant has two or more felonies, they face a presumptive sentence of 15.75 years and a maximum sentence of 28 years in prison. If the Sexual Assault victim was under the age of fifteen, it is considered a Dangerous Crime Against Children (DCAC). Under this law, the presumptive sentence is 20 years in prison, with a maximum sentence of 27 years. Furthermore, if a defendant used a drug to assist in the sexual assault, 3 years will be added to the sentence.
Sex Offender Registration
A person convicted of Sexual Assault will be required to register as a sex offender. As a sex offender you must undergo a risk level assessment to determine the risk you would pose to the community. Additionally, as a sex offender you will be required to face many difficulties when trying to move or look for a job. Being a sex offender will require you to register your whereabouts every time you move and this information will become public knowledge. A conviction for Sexual Assault cannot be suspended. This means that someone convicted of Sexual Assault cannot serve probation and in most cases you will not be pardoned or paroled.
Facing a charge of Sexual Assault is serious life altering event. This is why you need an experienced attorney who is dedicated to helping you fight this charge.
If you have been arrested for Sexual Assault in Phoenix or anywhere in Arizona, call attorney Matthew Lopez for a free consultation.