Hiring An Experienced Sexual Assault Lawyer in Arizona
Criminal sexual assault is a very serious crime in Arizona. Also known as rape, a conviction for this offense can result in decades in prison and other severe penalties.
If you are convicted of rape, you will also have to register as a sex offender for the rest of your life after you complete your prison sentence. Being accused of a rape offense will also result in substantial public stigma.
Even though you are supposed to be presumed innocent until and unless the prosecutor proves your guilt beyond a reasonable doubt, many people assume that someone accused of rape is guilty. This can result in severe reputation damage, job loss, and other problems.
If you have been charged with rape, you will need to retain an experienced and competent sexual assault lawyer as soon as possible to fight for your freedom and your reputation.
Your attorney at Colburn Hintze Maletta is prepared to vigorously defend you against these types of charges. Below is an overview of this charge so that you can gain a better understanding of what you might be facing and the defenses that might be available to you.
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What is Sexual Assault in Arizona?
Typically, people call the crime of sexual assault “rape.” When people think about a sex assault, they typically envision a situation when a perpetrator threatens violence or uses violence to force victims to submit to sexual intercourse.
Under ARS 13-1406, however, there are multiple ways that this offense can occur. For example, rape can happen when someone administers a victim drugs to keep them from resisting or could also include oral sex without intercourse.
To prove that a defendant committed rape, a prosecutor will have to prove each of the following elements beyond a reasonable doubt:
- The defendant;
- On the date and at the location charged;
- Intentionally or knowingly;
- Had sexual intercourse or oral sex with someone else;
- Without that person’s consent
The prosecutor must prove each of these elements beyond a reasonable doubt. If the prosecutor cannot prove any one of the elements, the defendant cannot be convicted of the crime.
When you hire an experienced sex assault lawyer at Colburn Hintze Maletta, they will carefully examine the evidence for each element to identify potential defenses to the charge.
What Does Lack of Consent Mean?
Not consenting can include more than saying no or attempting to resist rape. A victim will be considered to have not consented if the defendant coerced the victim into engaging in sexual intercourse or oral sex because the person suffered from a mental defect or disorder.
Another way that consent would not be intentionally given could be if the victim was under the influence of alcohol or drugs when the person’s impaired condition prevented him or her from consenting, and the defendant knew that the person was impaired or reasonably should have known.
According to Arizona laws, a person will be deemed to have not consented if the defendant intentionally deceived him or her about the act’s nature or deceived him or her into believing erroneously that the defendant was his or her spouse.
Penalties & Prison/Jail Time for Sex Assault or Rape
If you are charged with sexual assault/rape, it is a Class 2 felony in Arizona. The penalties you might face will depend on the victim’s age, the circumstances, and your criminal record.
If the alleged victim is age 15 or older, you will face the following penalties for a first offense:
- Minimum 5.25 years in prison
- Presumptive 7 years in prison
- Maximum 14 years of prison
- Fines of up to $150,000
- Lifetime sex offender registration
For a felony conviction of rape with one previous allegeable felony, you will face the following penalties:
- Minimum 7-year prison sentence
- Presumptive 10.5-year prison sentence
- Maximum 21-year prison sentence
- Fines up to $150,000
- Lifetime sex offender registration
For a rape conviction with two prior felony convictions that can be alleged, you will face the following penalties:
- Minimum 14-year prison sentence
- Presumptive 15.75-year prison sentence
- Maximum 28-year prison sentence
- Fines up to $150,000
- Lifetime sex offender registration
If the victim is between the ages of 12 and 14, it is a Dangerous Crime Against a Child under ARS 13-705. Under this statute, you will face a minimum prison sentence of 13 years up to a maximum prison sentence of 27 years for a first offense.
If the victim is younger than age 12, you could be sentenced to spend the rest of your life in prison, even for a first offense. This is why it is so incredibly important to Call CHM Law Today!
Ways a Sex Assault could become an Aggravated Charge
In Arizona, sexual assault charges can become aggravated charges depending on the specific circumstances of the offense. Here are some ways that a sex assault charge could become an aggravated charge:
- Victim’s age: If the victim is under the age of 15, then the sexual assault will be considered aggravated. This is because the law in Arizona considers children under 15 to be incapable of giving legal consent to sexual activity.
- Use of force: If force or violence was used during the sexual assault, the charge could be aggravated. This could include the use of a weapon or physical force to subdue the victim.
- Relationship between the victim and perpetrator: If the perpetrator is in a position of trust or authority over the victim, such as a teacher, coach, or clergy member, then the sexual assault will be considered aggravated.
- Injury to the victim: If the victim suffered a serious physical injury during the sexual assault, then the charge could be aggravated.
- Prior convictions: If the perpetrator has prior convictions for sexual assault or other violent crimes, then the sexual assault charge could be elevated to an aggravated charge.
- Use of drugs: If you administered “date rape drugs” to the victim to prevent the victim from resisting, your prison sentence could be increased by three years. These drugs include substances like “GHB,” “Rohypnol,” and ketamine, which is also known as “Special K.”
It is important to note that aggravated sexual assault charges carry much more severe penalties than standard sexual assault charges. If you have been charged with aggravated sexual assault in Arizona, it is critical to seek the guidance and representation of an experienced sex crimes defense attorney immediately to help you.
Required Sex Offender Registration
Under ARS 13-3821, you will be required to register as a sex offender for the rest of your life if you are convicted of rape. If you fail to comply with your registration requirements, you can face a new felony charge and additional penalties.
Registering as a sex offender means that your information and pictures will be posted on the state’s sex offender registry website and will be publicly viewable.
You may also be restricted on where you can live, be required to report to the sheriff’s office anytime you move and at least once per year, and have to get a new driver’s license each year at a substantial cost. Registered sex offenders also commonly deal with stigma from others in public.
Moreover, failure to register as a sex offender has serious consequences as well, which can lead to additional life-long penalties.
Can You Defend Against Rape Allegations?
If you are facing rape charges, you might worry that you will not be able to defend against the allegations against you. However, there are multiple defenses that your attorney might be able to raise, depending on the facts of your case.
Some of the common defenses that might apply include the following:
- Any confession you made was coerced by the police.
- The police did not have probable cause to collect evidence.
- The alleged victim fabricated the story.
- You were somewhere else when the alleged attack occurred.
- You were misidentified.
- You were not read your Miranda Rights when arrested.
- You were denied the right to legal counsel at the time of the arrest.
- Inconclusive or improperly gathered DNA evidence
- There are technical issues with the charges.
Often in rape cases, the police interrogate the defendants to try to secure confessions. However, if the police coerced you into falsely confessing to the offense, your attorney might be able to get your statements thrown out. If the state’s case against you is largely based on your confession with no physical evidence, your case might be dismissed.
The police must have probable cause before they can search your home or collect evidence from your person. Police officers normally submit affidavits to judges to secure search warrants allowing them to conduct searches.
If the police conducted a warrantless search or included false statements in the affidavit, your attorney might challenge the admissibility of the evidence gathered against you. If successful, the evidence will be suppressed, and the prosecutor might have no other choice than to dismiss your case.
In some cases, people will falsely accuse others of rape. This might happen during a divorce or when the alleged victims have some other motivation to try to get revenge for some past wrong. If you have been falsely accused of rape, your attorney will carefully investigate the allegation to uncover the alleged victim’s underlying motivation to lie and work to gather evidence showing your innocence.
Some people are charged with sex crimes when they could not possibly have committed the crimes because they were not present. If you were somewhere else at the time the alleged rape occurred, your attorney might raise an alibi defense. Your attorney will need to present evidence showing that you were elsewhere. This might include cell phone data showing your phone pinging off of distant cell towers, hotel receipts in different cities, plane tickets, witnesses, or video from stores you visited.
If you do not know the victim but were picked out of a lineup, your attorney will carefully review the lineup procedure used by the police. Eyewitness identifications are known to be problematic and have led to many wrongful convictions.
Your attorney will look at how the lineup was conducted to determine whether it was proper and might file a motion to challenge the procedure used.
Many rape cases also include technical deficiencies in how they were charged. For example, the prosecutor might file charges under the wrong statute or with inaccurate aggravators or allegations. A good sex crimes lawyer will look for technical problems to raise in your defense.
What is The Difference Between Rape and Statutory Rape?
Rape and statutory rape, also referred to as sexual conduct with a minor, are both serious criminal offenses under ARS 13-1405, but they are distinct from each other in terms of the underlying elements of the crime. Rape is nonconsensual sexual intercourse that is accomplished by force, coercion, or deception. It is a crime that is defined by the absence of consent, which means that one party is forced or coerced into the sexual act against their will.
Statutory rape, on the other hand, is sexual intercourse between an adult and a minor who is below the age of consent. In most states, including Arizona, the age of consent is 18.
A minor who is below the age of consent is deemed by law to be incapable of giving informed consent to sexual activity with an adult. Therefore, even if the minor agrees to engage in sexual activity, the adult may still be charged with statutory rape if the minor is below the age of consent.
In essence, while rape involves the absence of consent from a victim of any age, statutory rape involves the presence of consent from a minor who is deemed by law to be incapable of giving informed consent. Thus, even if the minor consents to sexual activity, the adult can still be charged with statutory rape because the minor is not legally able to provide meaningful consent to sexual activity.
We Will Fight for Your Freedom!
If you are facing accusations of rape, you need to get legal help immediately. A conviction for this type of offense can permanently harm your life and result in a lengthy prison sentence.
If you are being contacted by a detective wanting to speak with you regarding sexual assault allegations, you should consult with an experienced sexual assault lawyer immediately.
It is never recommended that you speak with a detective without first seeking the assistance of an attorney.
Give Colburn Hintze Maletta a call today at (602) 825-2500 to schedule a free confidential consultation and we will take immediate action to defend you.
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One piece of advice for people who are charged with anything in Arizona is to hire a great lawyer because the state does not care if you’re innocent or not. The Arizona legal system will try to ruin your life. A couple of years ago I was the victim of an antisemitic hate crime when a guy named Billy, who had a history of drug and alcohol issues and was thrown out of the Navy for being violent, decided to attack me after drinking all day in Old Town (Sunday funday) over a pointless argument over whether it’s better to buy homes immediately post-recession or during the 10th year of a bull market run which was his argument. The disagreement led to Billy making several anti-semitic comments and assaulting me, which led to me beating up billy. Billy and his friends then went to the police and lied to try to get me thrown in jail for months for assault while getting 10s of thousands of dollars in restitution in the process. I hired David Maletta. We went to court and destroyed Billy and his best friend/roommate Taylor who were trying to extort me and ruin my life. In Arizona there is a 3.5% chance you’ll get all charges dropped because of how hard the state is on crime but we pulled it off and I still have a clean record to this day.
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Best divorce lawyers in Arizona, hands down. Timothy Hintz handled my divorce, and as a father, I have my son and our house. I would give them more stars, but the option is not there. His paralegal Jennifer Bone is extremely competent, and the whole team is very friendly. Took a big weight off, having them behind me.
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Gary C. - Google Review
“Tim was absolutely amazing and worked diligently”
I had an incident and was given the catch-all charge. There wasn’t really anything I could do by myself to get out of it. Tim was absolutely amazing and worked diligently to ensure that I would have the best possible outcome from my case. Which he successfully achieved! As of right now, I am on the path to having my case fully dismissed. A couple of things that really helped me through this process was that Tim did an amazing job at answering my questions. He was available almost anytime and would respond promptly when he got my emails. He was also very approachable and comforting to be around while we had in person meetings and especially when I was at the court house. I would trust him and the company he works for with any other cases in the future, and as of right now, they will be my first choice if I need a lawyer in the future.
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On one of the worst and most surreal nights of my life (do not EVER get a DUI people!) I was lucky enough to find my way to Tim Hintze. Being in Phoenix for the Thanksgiving holiday from out of town, and after spending the evening with family, I ended up spending the night in jail.
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Dave stayed with me while he pushed back and forth with Covid-19 and the delays with court. Once cited, the state basically decides that you’re guilty through the automatic suspension of your drivers license. Dave immediately took care of that problem and I never lost the privilege of driving. Dave took notes like crazy and was upfront about our uphill battle. I was also well aware that the plea deal that was given to us, was unacceptable and through Dave’s knowledge and experience I had put my trust in him to guide me to make the right decision on how to proceed. With Dave’s guidance I had decided that we needed to fight for something better than what the prosecutor was offering and Dave was 100 percent behind me on that decision. We knew the risks, be we also knew we had very little to lose based on the prosecutions stance. We decided to go to trial… Watching the prosecution and then watching Dave was night and day!! It was clear to the jury that the prosecution didn’t have their facts straight and were not addressing the facts that they could not address…There was a lot at stake for my personal life and my work life. I was found NOT GUILTY. Dave won the trial for me.
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I have nothing but good things to say about my experience working with David Maletta. I was in a very high-stress situation facing a pending DUI charge. He doesn’t know this, but I actually interviewed 5 potential lawyers, and he was the most optimistic of all of them. He took over and handled everything, and now I don’t have to live with a DUI. Thank you so much for everything! Highly recommend them to anyone looking for legal help.
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“The calm in the middle of my storm…”
I recently consulted with Darin after my wife filed for divorce. He was referred to me by a friend whom I very much trust. Darin was the antithesis of the first two attorneys I consulted (who were matter-of-fact and had very little empathy about the fact that I was struggling emotionally with what was transpiring). From the first few minutes of speaking with Darin, it was obvious that he was very knowledgeable and skilled with divorce and family matters. While that was most important to me, the thing that made the difference was his calming, logical, and empathetic approach. He took the time to listen and empathize with me. He took the time to understand what I wanted to achieve through this process and laid out my options. After the consultation, I knew he would be my attorney if I had to pull the trigger. I, ultimately, didn’t have to engage Darin’s services due to a reconciliation with my wife. I hope I never have to go through that process again. However, if I do, I know beyond a shadow of a doubt who I will be hiring to represent me…Darin R. Colburn. Darin, thank you for caring and being more than an attorney.
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Darin helped me with a complex family law issue involving ownership of multiple businesses and other assets. He was able to structure a win-win that wasn’t only better than I thought was possible but that protected the business I had built. Above and beyond that, he did it with great customer service and character – which really matters to me. This was the best possible outcome, great price, and fast.
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I honestly just want to let it be known to any and everyone looking for an attorney on a case. Whether it be DUI, possession, or your every day to day traffic violations where you need representation attorney Tim Hintze is your man. You have to respect a man that listens to every request that you make on a case and he gets in there and gets it done. Tim has my respect as an attorney and being a well-rounded representer. From him being honest on the possibility and options for your case to him being easy to work and communicate with via over the phone or face to face Mr. Hintze is working it out.
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David Maletta is the absolute best trial attorney in the state of Arizona. He is a kind, emphatic, and extremely patient person. As an attorney, he is prepared, aggressive, and extremely skilled. He is not afraid to go to trial and fight for his clients, like other attorneys that just plead their clients to the original charges. When he is in trial, he flips a switch and goes from a nice guy to a killing machine. He fights for his clients like no one I have ever seen. Watching him do a cross-examination is exhilarating because he is so good it’s scary.
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We retained David Maletta to represent our son after being cited for what can only be described as a momentary lapse of reason. David was extremely knowledgeable, was able to clearly communicate very complicated concepts, and was relentless in his pursuit of my son’s innocence. He had strong relationships with the prosecuting attorney and respect of the judge, which ultimately resulted in my son learning a really hard lesson with limited consequences (traffic school and writing an essay to the judge on the physics of driving 130MPH and what happens if that goes badly). I have already sent all of my friends with teenage and 20 year old kids his contact information for when they inevitably get that call. David completely exceeded all of our expectations and we could not recommend him any stronger. Thank you for everything.