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Sexual Assault Charges in Arizona?
Your Freedom Can't Wait.
Being charged with 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 the consent of such person,” according to state law. 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. The lawyers at Matthew Lopez Law, PLLC, understand sex offense law in Arizona and will listen to your side of what happened.
Sexual assault under ARS 13-1406 is a Class 2 felony with a presumptive prison sentence of 7 years — and probation is not on the table. The court cannot suspend the sentence. A convicted person must serve the imposed term before any possibility of release. If the assault involved serious physical injury, the sentence can be life imprisonment with a 25-year minimum.
This is not a charge where you hope for the best. This is a charge where the defense you mount in the first weeks determines whether you spend the next decade in prison or walk free.
Matthew Lopez Law provides confidential, aggressive defense for sexual assault charges across Arizona. Our team includes former prosecutors who handled sex crime cases. Call (602) 680-9793 for a free, confidential consultation. We answer 24/7.
The statute defines sexual assault as intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent.
Three elements must all be proven beyond a reasonable doubt:
1. Sexual intercourse or oral sexual contact occurred. Arizona law defines sexual intercourse as penetration of the penis, vulva, or anus by any body part or object, or masturbatory contact with the penis or vulva. Oral sexual contact means oral contact with the penis, vulva, or anus.
2. The defendant acted intentionally or knowingly. Intentionally means the objective was to engage in the prohibited conduct. Knowingly means awareness that the conduct was occurring.
3. The other person did not consent. Under Arizona law, a person does not consent when coerced by force or threat of force, incapacitated due to drugs, alcohol, sleep, or mental impairment, or otherwise unable to give knowing consent. Consent can also be negated when the defendant is in a position of trust over a 15-17 year old victim.
The prosecution does not need to prove physical force. Impairment-based lack of consent — where the alleged victim was too intoxicated or incapacitated to consent — is the basis for a large percentage of sexual assault prosecutions in Maricopa County.
Sexual assault sentencing operates under its own framework, separate from Arizona’s standard felony sentencing grid:
First offense (adult victim, no aggravating factors):
Drug-facilitated sexual assault (victim unknowingly given flunitrazepam, GHB, or ketamine): The minimum, presumptive, and maximum sentences each increase by 3 years.
Sexual assault involving serious physical injury: The court may impose life imprisonment. The defendant is not eligible for release until at least 25 years have been served.
Victim under 15: Sentencing is governed by ARS 13-705 — Dangerous Crimes Against Children. For victims under 12, the sentence is life with no release until at least 35 years served.
Consecutive sentences mandatory. Under ARS 13-1406(C), the sentence for any sexual assault conviction must be consecutive to any other sexual assault sentence — they cannot run concurrently. Multiple counts mean stacked sentences.
No probation. No suspension. No pardon. The only path to release before the sentence expires is through earned release credits under ARS 31-233, commutation, or expiration of the term.
Sex offender registration. A sexual assault conviction requires registration under ARS 13-3821. For most sexual assault convictions, registration is lifetime. Your name, photograph, address, employer, and vehicle are published on a public database.
Community notification. Law enforcement notifies the community — including neighbors, schools, and employers — of your presence and offense.
Residency restrictions. Registered sex offenders face restrictions on where they can live, often prohibiting residence near schools, parks, daycare centers, and bus stops.
Contact restrictions. Conditions of release or registration may prohibit unsupervised contact with minors — including your own children.
Employment and professional licensing. A sexual assault conviction permanently bars many professional licenses and employment opportunities.
Consent. If the sexual activity was consensual, the prosecution’s case fails on the third element. This is the most common defense in sexual assault cases involving adults. We investigate the circumstances surrounding the encounter — communications before and after, witness observations, behavioral evidence — to establish that consent was given.
False accusations. False reports of sexual assault happen. Motives include custody disputes, relationship revenge, regret after consensual encounters, financial leverage, and attention-seeking. We investigate the accuser’s background, prior statements, and potential motives to fabricate. Inconsistencies between the initial report, subsequent interviews, and trial testimony are often case-changing.
Challenging impairment-based consent arguments. Many sexual assault cases hinge on whether the alleged victim was too impaired to consent. But impairment exists on a spectrum. Being intoxicated does not automatically mean incapacity to consent. We analyze toxicology reports, witness testimony about the alleged victim’s behavior and coherence, and the timeline of events to challenge the prosecution’s impairment narrative.
Forensic evidence challenges. DNA evidence proves sexual contact occurred — it does not prove lack of consent. SANE (Sexual Assault Nurse Examiner) reports document physical findings, but those findings are often consistent with both consensual and non-consensual activity. We retain independent forensic experts to provide alternative interpretations.
Miranda and interrogation challenges. Statements made during police interviews — especially before an attorney is present — can be devastating. If detectives failed to read Miranda warnings, continued questioning after you invoked your right to silence, or used coercive techniques, those statements may be suppressible.
Digital evidence. Text messages, social media interactions, dating app communications, and location data frequently tell a different story than the accuser’s. We subpoena and analyze all relevant digital evidence.
If a detective calls you, shows up at your home or workplace, or you learn through any channel that you’re the subject of a sexual assault investigation:
Say nothing. Politely decline to answer questions. You have a constitutional right to remain silent. Exercise it.
Call a lawyer immediately. Pre-charge intervention can change the trajectory of a case. We can communicate with investigators on your behalf, present exculpatory evidence before charges are filed, and protect you from making statements that damage your defense.
Preserve evidence. Do not delete text messages, photos, social media posts, or any communications with the accuser. These may be your strongest evidence. Tell your attorney about everything — even information you think might be harmful.
Do not contact the accuser. Any contact — direct or through third parties — can result in additional charges and will be used against you.
Sexual assault allegations frequently involve additional charges, including sexual abuse (ARS 13-1404), kidnapping (ARS 13-1304) if the victim was restrained, domestic violence if the parties had an intimate relationship, and aggravated assault if physical injury occurred beyond the sexual contact.
Sexual assault defense demands an attorney who handles these cases regularly and is prepared to go to trial. The prosecution knows which defense attorneys are serious and which aren’t — and their plea offers reflect that assessment.
We serve clients in Tempe, Mesa, Lake Havasu, Chandler, Gilbert, and statewide. Every interaction is confidential. Flat fees. Payment plans.
Every minute counts when you’re facing criminal charges in Arizona. Whether you were just arrested or have court next week, our team is ready to start building your defense right now. We offer free consultations and can start protecting your rights today with flexible payment plans that work for your budget.
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