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Sexual Assault / Rape in Arizona – ARS §13-1406

If you are facing charges of Sexual Assault or Rape, you need an expert Criminal Defense Attorney with a proven track record on your side. If convicted of this crime, you may face a sentence of up to 25 years prison.

Watch this video of David Michael Cantor talk about Rape / Sexual Assault Charges in Arizona.


Sexual Assault / Rape ARS §13-1406

Sexual assault, or rape, occurs when a person intentionally or knowingly engages in sexual intercourse or oral sexual contact with anyone without consent. The charge of Sexual Assault / Rape assumes that the victim is 18 years of age or older.

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Punishments for Charges of Sexual Assault / Rape

Sexual Assault is a class two (2) felony and caries serious sentences. These sentences include the following:

  • For a first offense, the minimum is five and one quarter (5.25) years in prison, the presumptive is seven (7) years, and the maximum is fourteen (14) years of incarceration.
  • If the defendant has one (1) allegeable historical prior felony conviction, the punishment range is increased to a minimum of seven (7) years in prison, the presumptive is ten and one half (10.5), and the maximum is twenty-one (21) years in prison.
  • If the defendant has two (2) or more allegeable historical prior felony convictions, the minimum is fourteen (14) years in prison, the presumptive is fifteen and three quarters (15.75) years in prison, and the maximum is twenty-eight (28) years in prison.
  • If the Sexual Assault involved any intentional or knowing infliction of serious physical injury, the defendant can be sentenced sentenced from twenty-five (25) years to life in prison. A person must serve 100% of their time before they are eligible for release.
  • Note: In addition, if any type of drug has been used in the commission of the offense (i.e. a “roofie” or “date rape drug”) then an additional three (3) years is added to the minimum, presumptive, and maximum sentences.

If the sexual assault victim was a minor under the age of fifteen (15), it is then considered a Dangerous Crimes Against Children (DCAC), which carries the following punishment for each and every conviction:

  • For a first offense, thirteen (13) years minimum in prison, twenty (20) years presumptive in prison, twenty-seven (27) years maximum incarceration.
  • If convicted of one previous predicate felony (which includes a prior DCAC, among other serious felonies), the range of punishment increases to a minimum twenty-three (23) years, presumptive thirty years (30), and maximum thirty-seven (37) years.
  • If the victim was age twelve (12) or under, the defendant can be sentenced to a term of incarceration of thirty-five (35) years to life, or the judge may impose a sentence of minimum thirteen (13) years incarceration, presumptive twenty years (20), and maximum twenty-seven years (27) incarceration.

Because these are DCAC convictions, 100% of the prison time must be served before being eligible for release. In addition, if the person is convicted of two (2) counts, they must be run consecutive to each other.

Sexual assault charges, regardless of the victim’s age, will require you to register as a Sex Offender for the rest of your life, and you are not allowed to have any contact with anyone under the age of eighteen (18) (this includes your own children), without going through numerous testing procedures and only with the consent of your Probation Officer.


Possible Legal Defenses to a Sex Assault/Rape charge in Arizona:

  • Exposing False Claims of Sexual Assault
  • Miranda Rights Violation
  • Denial of Right To Counsel

A Sexual Assault or Rape conviction has lifelong consequences and you are facing long severe prison sentences.

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If you’re suspected or charged with Sexual Assault or Rape in Arizona, you need to consult with a lawyer about your case. Sex crimes in Arizona carry very strong penalties if you are convicted. David Michael Cantor is a Certified Criminal Defense Specialist and the premier Defense Attorney in Arizona.  His associations and awards include being an AV® rated lawyer, listed in the Bar Register of Preeminent Lawyers® – Criminal Law Section, voted Top 100 Trial Lawyer by the American Trial Lawyers Association, voted Top 100 Criminal Defense Lawyer by the American Society of Legal Advocates, and is a fellow member of the American Bar Foundation.  At DM Cantor, we have over 5,000+ case victories and approximately 150 Complete Jury Trial Acquittals, Not Guilty / All Charges!

For more information on charges of Sexual Assault, refer to our parent website https://dmcantor.com


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