Phoenix Crimes Against Children Attorneys
We Defend Those Accused of Every Type of Crime
Experienced Criminal Defense Attorney for Dangerous Crimes Against Children in Phoenix, AZ
Being accused of committing a Crime Against a Child (DCAC) in Arizona is nothing to take lightly. These types of cases carry the potential for severe legal consequences and a lasting social stigma, making an experienced and dedicated defense more critical than ever. At the Belén Law Firm, PLLC, led by the experienced Arizona criminal defense attorney Belén Olmedo Guerra, we have what it takes to put up a strong defense for individuals accused of these grievous charges.
Understanding the complexities and sensitivities involved in cases concerning children and dangerous crimes, we are prepared to offer a compassionate and compelling defense, ensuring that every aspect of your case is meticulously examined and addressed. We know there are multiple sides to every story, and we are here to listen to yours. When you come to our law firm for help, we make no judgments and will work tirelessly to protect your rights, freedom, and reputation.
To speak with an experienced attorney at our Phoenix, AZ-based criminal defense law firm, call our law offices or contact us online to schedule your free consultation today.
What is a Dangerous Crime Against Children?
In Arizona, Dangerous Crimes Against Children (DCAC) stands out as a distinct and particularly serious category within the criminal justice system. This classification refers to offenses that are considered to pose significant harm to the most vulnerable members of our society—children. Crimes under this category are treated with the utmost severity due to the potential for immediate and lasting damage to young victims. As a result, Arizona’s sentencing guidelines are structured to reflect the gravity of these acts, with child abuse accusations and other crimes against children falling under the most severe portion of sentencing.
Arizona’s Revised Statutes detail the exact parameters of what constitutes a Dangerous Crime Against Children. They outline the specific offenses and conditions that elevate a criminal offense to this severity level.
ARS 13-705
Arizona Revised Statutes § 13-705 outlines the legal guidelines and penalties for Dangerous Crimes Against Children. This section specifically addresses the increased sentencing guidelines and penalties that apply to those convicted of committing severe offenses against minors and ensuring that they face equally as serious consequences.
What are Examples of Crimes Against Children in Arizona?
ARS § 13-705 provides a complete list of criminal offenses that, when committed by someone who is at least 18 and against a victim who is under the age of 15, can be classified as a DCAC. Dangerous crimes against children include things like kidnapping, assault, child molestation, murder, and more.
Child Abuse
In Arizona, child abuse is a serious offense that encompasses a range of harmful behaviors, including physical abuse, sexual abuse, emotional abuse, and criminal negligence, as outlined in ARS § 13-3623. More specifically, child abuse in Arizona occurs when a person who is responsible for the child’s care, custody, and control causes physical harm, disfigurement, or impairs the bodily function of a child or minor. Child abuse also includes permitting someone else to inflict such injury or cause significant emotional harm, such as severe anxiety, depression, withdrawal, or aggressive behavior.
Given the complexity of child abuse cases and the severe consequences of a conviction, which can include significant legal penalties and lasting personal repercussions, skilled Phoenix child abuse defense attorneys like those at Belén Law Firm, PLLC, are indispensable for anyone facing such grave charges.
Sexual Crimes Against Children
Sex crimes involving minors are also classified as Dangerous Crimes Against Children in Arizona. These offenses encompass a wide range of actions, including any sexual conduct or exploitation perpetrated against minors. For example:
- Child sexual abuse (including continuous sexual abuse of a child)
- Sexual assault of a minor
- Sexual misconduct with a minor
- Child molestation
- Sexual exploitation of a minor (aka child pornography)
- Luring a minor for sexual exploitation
- Child prostitution
- Child trafficking
- Sexual extortion
Individuals facing allegations of sex crimes against children in Phoenix or anywhere else in Arizona should seek immediate legal representation from a skilled sex crimes attorney. These attorneys know how to navigate the complex legal terrain of sex offenses, including those involving children, and can advocate for their client’s rights while crafting unique defense strategies to put up a strong fight against these criminal charges.
Kidnapping
According to ARS § 13-1304, kidnapping occurs when an individual knowingly restrains another person with the intent to hold them for ransom, as a hostage, or to commit other serious crimes. When children are involved, such actions are deemed even more serious and, as a result, lead to severe criminal penalties. Child kidnapping charges can often stem from various scenarios, including parental abduction, stranger abduction, or situations where a child is unlawfully restrained.
Violent Crimes Against Children
Violent crimes against children involve actions that result in severe harm or endangerment to minors. The types of violent crimes explicitly stated in Arizona’s DCAC statute include second-degree murder, aggravated assault resulting in serious physical injury or involving the discharge, use, or threatening exhibition of a deadly weapon, attempted first-degree murder, and unlawful mutilation.
Aggravated assault can include various forms of physical violence leading to the child’s injuries. At the same time, charges of second-degree murder or attempted first-degree murder may arise from deliberate acts or extreme recklessness causing fatal or life-threatening harm to a child. Unlawful mutilation involves intentional disfigurement or severe physical harm inflicted upon a child.
Considering the gravity of these offenses and the victims’ vulnerability, you can bet that the prosecution will do whatever it takes to punish the alleged offender to the highest extent of the law. Due to the several legal repercussions, those accused of such crimes must immediately consult an experienced Phoenix violent crimes attorney like Belén.
Drug Crimes
Arizona drug charges cover a wide range of offenses related to the possession, distribution, manufacturing, or trafficking of controlled substances. While drug offenses themselves may not always directly involve children, they can still be classified as Dangerous Crimes Against Children under certain circumstances. For example, involving or using children in drug-related offenses or manufacturing methamphetamine under circumstances that cause physical injury to a child will result in a DCAC charge.
What are the Penalties for Dangerous Crimes Against Children?
Dangerous Crimes Against Children are treated with utmost severity, and those convicted can expect to face harsh legal penalties. Whether it is a child abuse offense or a crime of a sexual nature, DCAC offenses always result in felony charges. However, the specific penalties can vary significantly based on the details of the case, including the nature of the offense and the defendant’s criminal history.
Some key aspects of these penalties include:
- Mandatory Prison Sentences: Convictions for DCAC often result in mandatory prison sentences, with the length varying depending on the nature of the crime, the age of the victim, and the defendant’s prior criminal history. These sentences can range from several years to life imprisonment without the possibility of parole
- Aggravated Sentencing: The law provides aggravated sentencing guidelines for DCAC, meaning convicted individuals can face longer sentences than those prescribed for similar offenses against adults
- Consecutive Sentences: In cases where an individual is convicted of multiple counts of DCAC, the law may require that the sentences be served consecutively rather than concurrently, resulting in a longer total time spent in prison
- Sex Offender Registration: Convicts may be required to register as sex offenders, a status that carries numerous restrictions and requirements, including notifying neighbors and communities, restrictions on where they can live and work, and ongoing monitoring by law enforcement
- Fines and Restitution: Convicted individuals may also be subject to substantial fines and ordered to pay restitution to the victims, which can cover costs related to medical treatment, counseling, and other damages resulting from the crime
What is the Arizona DCAC Penalty Chart?
Below are the sentencing guidelines for Dangerous Crimes Against Children in Arizona. The penalty chart includes the minimum, maximum, and presumptive sentences for different subsections (degrees of severity) as provided by the DCAC statute.
Note: the charts do not include details for subsections A and B. Subsection A mandates a life sentence, while subsection B allows for the possibility of life imprisonment but specifies sentencing guidelines with a minimum of 13 years, a presumptive sentence of 20 years, and a maximum sentence of 27 years.
FIRST OFFENSE
ONE PREDICATE FELONY
TWO PREDICATE FELONIES
When a defendant reaches two historical prior convictions (predicate felonies), their sentencing options are limited exclusively to subsections C and D. The standard sentence in these cases is life imprisonment, with no possibility for mitigating or aggravating factors and without any specified mandatory minimum or maximum sentence.
What is a Predicate Felony?
When a person commits a felony offense with a prior felony conviction, the previous conviction may elevate the severity of the new offense. A predicate felony refers to a previous felony conviction that serves as a basis for enhancing the penalties for a subsequent offense.
Predicate felonies are significant factors in sentencing decisions, especially in cases where there are repeat offenders or when certain offenses are subject to mandatory sentencing enhancements based on prior convictions. According to ARS § 13-705, the following offenses are considered predicate felonies:
- Child abuse conviction
- Sex offenses
- Crimes involving the intentional or knowing infliction of serious physical injury
- Crimes involving the discharge, use, or threat of a deadly weapon or dangerous instrument
- Dangerous Crimes Against Children (in the first or second degree)
When Should I Hire a Criminal Defense Attorney?
One of the biggest mistakes many individuals make is to wait to obtain legal representation. If you believe there is a possibility that you may be arrested for a crime against children, you must hire an attorney immediately.
Due to the severe penalties and public stigma attached to DCAC, you must proactively find an attorney to identify potential defenses. For example, suppose you believe that you may be charged with child molestation. In many instances, individuals going through contentious divorces or child custody battles are often the victims of false allegations. Regardless, a child molestation conviction can have negative, long-lasting consequences, resulting in a loss of freedom and permanent damage to your reputation. However, a skilled attorney will determine what child molestation defenses apply to the case and work to help you avoid a conviction.
Arizona takes a tough stance on crimes against children, and having a knowledgeable attorney on your side can make all the difference in how the case plays out in the criminal justice system. For example, your attorney can professionally evaluate the case to determine whether the state has sufficient evidence to proceed or if it lacks merit.
Belén Law Firm, PLLC, has comprehensive experience helping clients accused of dangerous crimes against children. We realize that it can be challenging to seek help for legal issues that carry a negative social stigma. When you come to us for legal representation, our defense team will sit down and listen to your side of the story and treat you with the respect and integrity you deserve.
What Should I Do if I Am Arrested and Charged With a DCAC?
If you are arrested and charged with dangerous crimes against children, there are several specific steps you must follow to protect your rights and safeguard your freedom. Often, in cases involving crimes against children, law enforcement officials will try to use deceptive tactics to obtain a confession. The police may tell you they just want to get your side of the story or that you will be allowed to go home once you give a statement.
Although contrary to popular belief, law enforcement officials can use manipulative questioning or “strategic lies” to induce a suspect to confess. If you have been arrested and charged with a crime involving a child, you must invoke your right to remain silent. The Fifth Amendment grants you the right to remain silent and not answer any questions without an attorney being present.
Once you assert your legal right to remain silent, the police must stop questioning you unless you agree to speak with them later. Having an attorney present during questioning is essential so you do not inadvertently incriminate yourself. Your attorney can advise you on what questions to answer and ensure your rights are not violated during questioning.
If you or a loved one has been arrested and charged with dangerous crimes against children, contact our criminal defense law firm immediately. Our team is available 24/7 and ready to help.
Why You Need an Experienced Phoenix Criminal Defense Attorney for DCAC Charges
Facing DCAC or child abuse charges in Arizona can be incredibly daunting and overwhelming. Many in this position feel like the entire world is against them before they even get a chance to tell their side of the story. Because of the pressure from law enforcement and the social stigma involved, it is crucial for those facing charges for crimes against children to equip themselves with experienced legal representation as soon as possible.
Having a skilled Phoenix criminal attorney in your corner can be the difference between freedom and a life behind bars. They can provide invaluable guidance and advice while protecting your rights, identifying weaknesses in the prosecution’s case, exploring potential defenses, and aggressively fighting for you in the courtroom. Their knowledge and experience are critical in successfully navigating the legal process, advocating on your behalf, and striving to secure the most favorable outcome possible under challenging circumstances.
Why Choose Belén?
Choosing Belén Law Firm, PLLC, for your Arizona DCAC case means entrusting your defense to a team of criminal defense lawyers deeply familiar with Arizona law and the entire legal process. Our legal team is committed to constructing a strong defense that attacks the prosecution’s case, meticulously examining your case’s circumstances to identify the most effective strategies. With our comprehensive understanding of the complexities of DCAC charges and a relentless approach to advocacy, our dedicated professionals here at Belén Law Firm, PLLC, ensure that every aspect of your case is handled with precision and care.
What Makes the Phoenix Dangerous Crimes Against Children Attorneys at Belén Law Firm, PLLC, the Best Choice for My Legal Defense?
The stakes couldn’t be higher if you’ve been charged with a Dangerous Crime Against Children in Arizona. Your next step should be to reach out to an attorney immediately to ensure you receive the skilled legal counsel you need to navigate these turbulent waters.
As seasoned Phoenix criminal defense attorneys, our Belén Law Firm, PLLC team understands the profound impact DCAC charges can have on a person’s life. For this reason, we are dedicated to providing the defense you deserve every step of the way.
Do not face this alone; reach out to Belén Law Firm, PLLC, today and secure the support and guidance you need during this challenging time. We proudly serve clients in Phoenix, Maricopa County, and several surrounding communities. Call us at 602-715-0908 or immediately contact us online for a free consultation to discuss your case.
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