Phoenix Sex Crime Lawyer

Understanding the Stakes in a Phoenix Sex Crime Case

Facing a sex crime accusation in Arizona can be one of the most life-altering challenges a person will ever face. These charges can bring:

• Mandatory prison sentences
• Sex offender registration
• Severe social stigma
• Collateral consequences for housing, employment, and family law

At Arizona Justice Law Group, attorney Zalman Sapad and our legal team have extensive experience in Arizona’s criminal courts defending against allegations ranging from sexual assault to child exploitation. We approach each case with:

• Detailed investigation of every allegation
• Evidence challenges that target weak points in the state’s case
• Strategic defenses informed by both law and courtroom experience

Common Arizona Sex Crimes and Their Legal Definitions

Sexual Assault (A.R.S. § 13-1406)

• Definition: Intentionally or knowingly engaging in sexual intercourse or oral sexual contact without consent.
• Penalties: Class 2 felony; first offense often carries 5.25–14 years in prison. Use of a weapon or injury increases penalties.
• Hypothetical: If someone engages in sexual contact with a person who is unconscious due to intoxication, even without physical force, Arizona law classifies it as sexual assault.
• Court Insights: State must prove defendant knew contact was without consent .State v. Witwer, 175 Ariz. 305, 308, 856 P.2d 1183 (App. 1993)
  • A.R.S. § 13-1401(A)(7)(b) Incapacity or alcohol intoxication renders consent legally invalid if known or should have been known.

Sexual Conduct with a Minor (A.R.S. § 13-1405)

• Definition: Engaging in sexual intercourse or oral sexual contact with a person under 18.
• Penalties:
  • Under 15: Class 2 felony, often mandatory minimum ~13 years.
  • Ages 15–17: Can range from Class 6 to Class 2 felony.
• Hypothetical: A 19-year-old dating a 16-year-old could face prosecution even if the relationship was consensual.
• Case Example: State v. Holle (Ariz. 2016), a defense for qualifying consensual relationships must be proved by the defendant. The accused must present evidence that the relationship was a consensual one — this only applies if the parties are in school together and the age difference is less than 2 years.

Child Molestation (A.R.S. § 13-1410)

• Definition: Sexual contact with a child under 15 that involves touching or fondling.
• Penalties: Class 2 felony, mandatory prison term starting around 10 years for first offense.
• Court Insight: In practice, prosecutors often file multiple counts for each alleged incident, which can result in consecutive sentences.

Sexual Exploitation of a Minor (A.R.S. § 13-3553)

(“Child Pornography” in common terms)

• Definition: Possessing, producing, or distributing visual depictions of minors engaged in sexual conduct.
• Penalties: Each image can be charged separately; mandatory prison terms of 10 years per image/video often apply. Defendants with over 20 images can face 200 years is prison — natural life.
• Hypothetical: An individual receives a file-sharing folder containing illicit images without knowing it — a defense may focus on lack of knowledge and forensic proof.
• Federal Overlap: Federal charges under 18 U.S.C. § 2252 can apply when images cross state lines.

Indecent Exposure (A.R.S. § 13-1402)

• Definition: Knowingly exposing genitals with intent to alarm or offend.
• Penalties:
  • Misdemeanor for first offense (adult victim)
  • Felony if a minor under 15 is present

Age of Consent and “Romeo and Juliet” Exceptions in Arizona

• Age of consent: 18 in Arizona
• Close-in-age exceptions: Limited exception: must be in high school together, no older than 19 and no more than a 2 year age gap; no position of trust can exist.
• Practical Insight: Arizona does not allow a “Romeo and Juliet” defenses if the minor is under 15 or if the accused was in a supervisory role (coach, teacher).

Real-World Courtroom Tactics That Make a Difference

1. Challenging Search and Seizure

We file motions to suppress evidence obtained without probable cause or proper warrants — if granted, this can dismantle the state’s case.

2. Attacking Witness Credibility

Through cross-examination, inconsistencies in statements can be exposed, especially in cases involving delayed reporting.

3. Forensic Evidence Review

We often bring in independent digital forensic experts to evaluate whether alleged illicit files were intentionally downloaded or automatically cached.

4. Negotiating Reduced Charges

In some cases, strategic negotiations can reduce a potential Class 2 felony to a lesser offense, avoiding lifetime probation or mandatory prison.

Hypothetical Scenarios – How the Law Applies

• Scenario 1: You are accused of sexual assault after a party where both parties had been drinking. The defense may focus on whether the alleged victim’s memory is reliable and whether physical evidence supports the claim.
• Scenario 2: Police seize your laptop alleging sexual exploitation. A forensic review reveals the files were placed there without your knowledge via auto-download — this may be a strong defense.

Key Arizona Appellate Cases That Shape Sex Crime Defense

• State v. Holle (2016) – Upheld strict liability for sexual conduct with minors under 15, eliminating certain consent defenses.
• State v. Witwer, 175 Ariz. 305, 308, (App. 1993) State must prove defendant knew contact was without consent.
• State v. Gray (2015) – Clarified jury instruction requirements for consent in sexual assault trials.

Collateral Consequences Beyond Prison

• Sex offender registration (often for life)
• Loss of firearm rights
• Employment and housing restrictions
• Family law impacts — including possible loss of custody or supervised visitation

Why Choose Zalman Sapad and Arizona Justice Law Group

• Deep familiarity with Maricopa County courts — including how prosecutors approach plea negotiations and trial strategy
• Track record of handling complex digital evidence cases
• Client-focused communication — you’ll always know where your case stands

We fight aggressively but ethically, knowing what’s at stake for your freedom and reputation.

📞 Call Now for a Confidential Consultation

If you or a loved one is facing sex crime charges in Arizona, time is critical. Early defense involvement can mean the difference between conviction and acquittal.

Arizona Justice Law Group

📞 (602) 730-1756

📧 ArizonaJusticeLawyer@gmail.com

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