Sexual Assault

Sexual assault has always been a hot button topic in the United States with regards to the severity and controversy related to the offense. For those who have been accused of sexual assault many life changing consequences may occur, including social humiliation, the loss of your job, and if convicted, the necessity to register as a sex offender.

Nobody wants to deal with any of these repercussions, which makes a proper defense vital to your long term well being. When facing a situation this serious, aligning yourself with an Arizona criminal defense attorney who understands the legal system well enough to competently represent you is of paramount importance.

If you or a loved one has been arrested for sexual assault, not matter how you perceive the circumstances, it's critical to consider your defense options as soon after arrest as possible. Sexual assault cases in particular often have emotionally-charged elements, making it in your best interests to work with an experienced defense attorney who will proactively build a strong defense. As a defense attorney and former prosecutor, James E. Novak understands the severity of the charges you face and will never settle for the easiest outcome. He uses his experience and Masters in Counseling to address psychological issues related to jury selection and the deposition.

Contact the Law Office of James E. Novak if you have been arrested for sexual assault in Tempe, Mesa, Chandler, Gilbert, Scottsdale, Phoenix or nearby areas. The initial consultation is free and confidential. It can help you better understand your defense options and take the fist steps towards protecting your future from these damaging charges. Call (480) 413-1499 for a free consultation to learn more.

According to the Arizona Revised Statutes § 13.1406, a person can commit sexual assault if they:

• Engage in sexual intercourse or oral sexual contact with another person without their permission.

Sexual assault in Arizona is also commonly known as rape, rape of a minor, statutory rape, or date rape.

“Without consent” is defined in the Arizona Revised Statutes as any of the following:

• The victim is coerced by the use or threatened use of force
• The victim is incapable of permission because of a mental disorder, drugs, alcohol, sleep or any other similar impairment
• The victim is knowingly or purposely deceived in regards to the nature of the act
• The victim is intentionally deceived to believe that the person is his or her spouse

“Intentionally” is defined in Arizona as:

• A person's objective is to commit the crime or engage in that conduct.

The Arizona Revised Statutes defines “Knowingly” as:

• A person that is aware of their conduct they are partaking in. It does not require any knowledge of the unlawfulness of the act.

A sexual assault conviction is generally a class 2 felony in Arizona. Although classified as a class 2 felony, the penalties for sexual assault in Arizona can vary depending on the alleged offender’s previous criminal history. A first time offender may receive a lighter sentence than someone who already has felony convictions on his record. To be specific, a first time offender may be sentenced to:

• 5.25 to 14 years in prison
• A fine ranging from $750 to $150,000

For an individual with one prior felony on their record:

• 7 to 21 years in prison
• $750 to $150,000 in fines

For an individual with two or more prior felonies on their record:

• 14 to 28 years in prison
• A fine ranging from $750 to $150,000

Along with prison terms and fines, the defendant may be required to register as a sex offender under ARS § 13.3821. The statute expresses that an individual who is convicted of sexual assault is required to register as a sexual offender within ten days of the conviction, along with the requirement to register within ten days if the convicted offender enters a new county in the state of Arizona.

If the alleged sexual assault offense involves an alleged victim under the age of 15 years, it may be punishable under the sentencing criteria in Arizona’s dangerous crimes against children law.

This statute, as defined in ARS section 13.705, states that offenders will be sentenced to life imprisonment and not eligible for suspension of their sentence, probation, pardon or release from confinement on any basis except as specifically authorized.

The stigma and heartache that come with a sexual assault charge is enough to fill almost anyone with anxiety and dread about their future. That is why it is vital to employ a Maricopa County criminal defense lawyer who fully understands the position you are in, along with the methods and avenue needed to assist you in this compromising situation.

James Novak is knowledgeable in defending those charged with sexual assault in Arizona and has extensive experience in defending individuals who are dealing with these life-changing allegations. He represents the residents of Maricopa County, including the cities of Tempe, Scottsdale, Mesa, Chandler and Gilbert. Call the Law Offices of James E. Novak at (480) 431-4311 or send an online message to schedule a free consultation today.