Sex Crimes Defense Lawyer in Phoenix, AZ


If you are accused, suspected, arrested or charged with any sex crime in Arizona, it is important to have a qualified and experienced sex crimes lawyer that you can trust to represent you as you are probably experiencing or will experience the dimmest days of your life. Sex crime allegations result in life altering stigmas and have a lifetime of consequences ranging from lifetime probation and a requirement to register as a sex offender to prison for the remainder of your life. Often, charges and sometimes convictions can result with a simple accusation and no physical evidence. In the face of bitter breakups, custody battles and divorce proceedings, a false allegation of a sex crime can lead to a conviction which can ruin your life.

Arizona Sex Crime Laws are very Serious

In Arizona, having the right sex crime lawyer can be the difference between a lifetime in prison and freedom because Arizona sex crime laws carry some of the harshest penalties in the country. A conviction for one count of Sexual Abuse of a Minor can require a prison term for life if convicted while a single image of child pornography requires a minimum of 10 years in prison if convicted. If you are convicted of having more than one image, Arizona law requires that the prison term of 10 years be consecutive to each additional charge of child pornography. Hence, being convicted of possessing ten images of child pornography means 100 years in prison. At Castillo Law Cindy Castillo is highly trained and experienced in defending clients in sex crime cases. She will take all measures possible to protect you and/or your loved one’s dignity and innocence.

Call a Sex Crimes Lawyer Immediately!

It is important that if you are being suspected of a sex crime that you do not talk with the police, the alleged victim, any administrative investigative agency (Child Protection Services), or any doctor or therapist without an attorney present. Police who investigate sex crimes are highly trained in investigative techniques and will utilize every effort to get you to admit the allegation. Sex crimes police will use various deceptive techniques to trick you into a confession. A very effective police technique is known as a confrontation call. During a confrontation call, the alleged victim is coached to call you and get you to talk about the alleged crime while the police record the conversation. Do not make the unfortunate mistake of thinking you can guilt the victim into not talking to police because it will ruin your life or thinking you can talk the victim into not filing charges against you. The decision whether to charge you is often out of the victim’s control if you are already under investigation. Do not wait and hope that the accusations will fade, or that the police will drop the charges without the influence of an experienced sex crimes lawyer.

Consequences of Being Accused of Sex Crimes

If you are still undecided about getting a sex crime lawyer in Phoenix AZ, knowing the consequences of being accused of a sex crime should help you understand the severity of your situation:

  • Your Freedom: A sex crime conviction has a possible range of imprisonment starting with a minimum of ten (10) years prison for each crime committed.
  • Your Reputation: If you are convicted of a sex crime, it will likely result in a felony conviction and will tarnish your name and reputation. People convicted of sex crimes in Arizona often have to register as sex offenders. Registry means alerting neighbors and the public of your presence every time you move. Often, the Court will order you to serve a lifetime of probation and agree to onerous sex offender terms.  Lifetime probation is a difficult situation to face every day.
  • Your Career: A Sex Crime conviction will make it almost impossible to find gainful and reputable employment. Your career and ability to provide for your family will be significantly curtailed.
  • Your Family: A Sex Crime conviction will wreak havoc with your family relationships; and often, courts and probation officers will restrict who you have contact with including your children and/or loved one’s children.

Sex crimes against children can mean lengthy prison sentences, including life sentences. As noted above consecutive sentencing is the norm in offenses committed against minors.
Sex Crime Defense Lawyer in Phoenix AZ

Sex Crimes in Arizona

While there are a number of different sex crimes in Arizona and the list continues to grow with the advent of the internet, here are a few of the most common:

Sexual Assault:

Arizona Revised Statutes § 13-1406 defines sexual assault as an act of intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person. Sexual assault is a class two (2) felony and if the victim was under the age of fifteen (15), the crime is considered a Dangerous Crime Against Children (DCAC)*.

Child Molestation:

Arizona Revised Statutes § 13-1410 defines Child Molestation as intentionally or knowingly engaging in, or causing a person to engage in sexual contact (except sexual contact with the female breast) with a child under fifteen (15) years of age. Child Molestation is charged as a class two (2) felony and is considered a Dangerous Crime against Children (DCAC)*.
Sexual contact means any direct or indirect touching, fondling or manipulating of any part of the genitals, anus, or female breast by any part of the body or by any object or causing a person to engage in such contact.

Sexual Exploitation of a Minor (Child Pornography):

Arizona Revised Statutes defines Sexual Exploitation of a Minor as knowingly recording, filming photographing, duplicating, developing, selling, purchasing, transporting, or electronically transmitting or receiving any visual depiction of a minor engaging in sexual conduct or exploitive exhibition. The crime of Sexual Exploitation of a Minor is charged as a class two (2) felony. If the photographs include children who are fourteen (14) years of age or younger, the charge is considered a Dangerous Crime Against Children (DCAC)*. In the event the photographs include children who are ages fifteen through age seventeen (15-17), the charge is not considered a Dangerous Crime Against Children (DCAC)* Click here to learn more.

Luring of a Minor for Sexual Exploitation:

Arizona Revised Statutes § 13-3554 defines Luring of a Minor For Sexual Exploitation when a person “lures” or offers sex with a person knowing, or having reason to know the person is a minor. The crime of Luring a Minor for Sexual Exploitation is charged as a class three (3) felony. If there was a minor that was lured and not an undercover police officer acting as a minor, and that minor is under fifteen (15) years old, the charge is considered a Dangerous Crime Against Children (DCAC)* Click here to learn more.

Sexual Conduct with a Minor:

Arizona Revised Statutes § 13-1405 defines Sexual Conduct with a Minor as an act of intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen (18) years of age.
Sexual intercourse includes anything involving “penetration.” Sexual conduct with a minor between the ages of fifteen (15) and seventeen (17) years old is charged as a class six (6) felony. Sexual conduct with a minor who is at least fifteen (15) years of age is charged as a class two (2) felony if the person is or was the minor’s parent, stepparent, adoptive parent, legal guardian or foster parent or the minor’s teacher or clergyman or priest. Sexual conduct with a minor fourteen (14) years of age or younger is charged as a class two (2) felony and is considered a Dangerous Crime against Children. Dangerous Crimes Against Children (DCAC)* have very serious consequences, click here to learn more.

Sexual Abuse:

Arizona Revised Statutes § 13-1404 defines Sexual Abuse when a person intentionally or knowingly engages in sexual contact with any person who is fifteen (15) or more years of age, without consent of that person, or with any person who is under fifteen (15) years of age if the sexual contact involves only the female breast. The crime of Sexual Abuse involving a victim fifteen (15) years of age or over is a class five (5) felony. The crime of Sexual Abuse involving a victim under fifteen (15) years of age is a class three (3) felony and it is considered a Dangerous Crime Against Children (DCAC)*.
Sexual contact means any direct or indirect touching, fondling or manipulating of any part of the genitals, anus, or female breast by any part of the body or by any object or causing a person to engage in such contact.

Public Sexual Indecency:

Arizona Revised Statutes defines Public Sexual Indecency when a person “intentionally” or “knowingly” engages in an act of sexual contact, oral sexual contact, sexual intercourse, or bestiality (an act involving contact between a person’s mouth, vulva or genitals and the anus or genitals of an animal) while another person is present, and the defendant is reckless about whether the other person, as a reasonable person, would be offended or alarmed by the act.
If the person who witnessed the sex act is fifteen (15) or older, the crime is charged as a class one (1) misdemeanor. If the person who witnessed the sex act is under fifteen (15), then the crime is charged with Public Sexual Indecency to a Minor and this is considered a class five (5) felony.

Indecent Exposure:

Arizona Revised Statutes defines Indecent Exposure when a person exposes his or her genitals or anus, or a female exposes the areola or nipple of her breast or breasts (not including when breastfeeding), and another person is present, and the defendant is reckless about whether the other person, as a reasonable person, would be offended or alarmed by the act.
Indecent exposure is a class one (1) misdemeanor if the person who witnessed the exposure was fifteen (15) years of age or older. If the person who witnessed the exposure was under fifteen (15), then this crime can be charged as a class six (6) felony.

Why You Need a Sex Crimes Lawyer in Phoenix AZ?

As noted above, Arizona law carries the longest and harshest sentences for sex crimes in the United States. To fight a charge or accusation of a sex offense, you need a lawyer, who is not only experienced, but also has thorough knowledge about criminal law, constitutional law, evidence and criminal procedures besides all other areas of law. An experienced and skilled sex crime lawyer in Phoenix AZ will use strategies to suppress or exclude evidence, thereby aiding your case. Some of the strategies include:

  • Review any search warrant to ensure police obtained evidence properly, as the failure to utilize proper procedure could result in suppression of evidence and possible case dismissal;
  • investigate police procedure to ensure they followed proper operation orders, as the failure to do so could result in exclusion of evidence;
  • investigate the forensic interviewing technique used on the children and family members, as these techniques often lead to improper responses and result in possible false charges;
  • interview all witnesses to ensure the police read you your Miranda Rights; did not violate your right to counsel; and did not use coercive and/or threatening tactics; or offers of leniency to get you to incriminate yourself. Coercive police tactics can render your statements involuntary and result in the exclusion of your admission;
  • utilize forensics experts to prove that the tissue, blood and semen samples do not belong to the accused;
  • utilize a forensic polygraph expert to prove your innocence; and
  • utilize a mitigation expert and psychosexual evaluation expert to show you do not have the propensity to commit sex crime acts.
Call Castillo Law for a Free Consultation 24/7 at (480) 206-5204.  Se Habla Espanol y la primera Consulta es Gratuita.
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