Phoenix Child Molestation Defense Attorneys
We Defend Those Accused of Every Type of Crime
Protecting Clients from Serious Sex Crime Charges
Child molestation charges are taken incredibly seriously just about everywhere, but especially in the state of Arizona. Those accused of such a crime face significant consequences – even before a criminal conviction is ever made. This is because, when it comes to alleged sex crimes against children, the public rarely sees the accused as innocent until proven guilty. Aside from the personal repercussions that come with molestation charges, defendants also stand to face harsh criminal penalties, including fines, a long prison sentence, and mandatory sex offender registration.
Those who face child molestation charges in Arizona must seek the help of an experienced criminal defense attorney to protect their legal rights and fight for their reputation and future. A knowledgeable and skilled attorney could be all that stands between you and a lifetime of repercussions.
At the Belén Law Firm, PLLC, our Phoenix criminal defense attorneys have handled numerous cases involving sexual allegations, including those as sensitive as sexual crimes against children. We know what it takes to provide a solid defense and stand up against prosecutors whose only goal is to secure a conviction. To schedule a free consultation with one of our dedicated Phoenix child molestation defense attorneys, give us a call at 602-715-0908 today so you can get the answers you need regarding your Arizona sex crime case.
How Does Arizona Law Define Child Molestation?
The first step of fighting your criminal charges is understanding what you’ve been accused of and why. There are numerous types of sex crimes you can be arrested for, each with its own definition and set of penalties, depending on the state you’re in. Skilled Phoenix child molestation attorneys will make sure you know the specific sex crime you’ve been charged with before developing a sex crime defense strategy on your behalf.
In Arizona, child molestation occurs when a person intentionally or knowingly engages in sexual contact with a minor under the age of 15. This includes any indirect or direct touching, fondling, or manipulating of the genitals or anus “by any part of the body or by any object or causing a person to engage in such contact,” (ARS § 13-1401). Normally, sexual contact also refers to sexual contact with the female breast, but this is not the case for child molestation charges.
If you want more specific information regarding your sex crime charges, the definition and penalties for child molestation charges in Arizona can be found in Arizona Revised Statutes § 13-1410. Under Arizona law, “a person commits molestation of a child by intentionally or knowingly engaging in or causing a person to engage in sexual contact, except sexual contact with the female breast, with a child who is under fifteen years of age.”
Though the charges sound similar, child molestation is different from sexual conduct with a minor and child sexual assault. In Arizona, sexual conduct with a minor occurs when someone knows a child is under the age of 18 and has sexual intercourse or oral sexual contact with them anyway. Meanwhile, child sexual assault – or child sexual abuse – occurs when an individual engages in nonconsensual sexual contact with a person aged 15 or older or, if the child is below the age of 15, engages in sexual contact only with the female breast.
If you’re facing child molestation charges or any other sex crime allegations, you need to talk to a skilled Phoenix sex crimes attorney to begin preparing for your criminal defense case. Depending on the specific charge, the age of your alleged victim, and your criminal history, you could end up with life-changing consequences for a sex crime conviction in Arizona. Hiring an experienced legal team will give you the best chance of reducing or dismissing your charges so you can avoid the most severe penalties possible, which is why you should reach out to our Phoenix law office today. Our sex crimes lawyers will carefully review the circumstances of your criminal case before giving you legal advice, so contact us to arrange for a free initial consultation.
What are the Penalties for Child Molestation in Arizona?
If your case ends with a child molestation conviction, you can expect to face severe penalties, as this type of crime is charged as a felony and comes with some minimum mandatory penalties that could be life altering. This is why it’s crucial that you hire a trusted Phoenix sex crimes attorney to get the best possible outcome for your case and avoid the harshest penalties for your alleged sex offense.
This crime is considered a Class 2 felony and is punishable as a Dangerous Crime Against Children. As such, it carries even harsher penalties than you might expect. If convicted, your specific punishment will depend on certain circumstances, with your criminal history playing a major role in the prison sentence you end up with.
Prison Time
If this is your first offense, Arizona’s mandatory sentencing laws state that you could be sentenced to a presumptive term of 17 years in prison. Note that the minimum term is 10 years in prison, while the maximum term is 24 years, depending on the details of your alleged sex crime. This prison term is for each count of molestation of a child, and each term must be served consecutively. So, if you’re convicted of two counts at one time and get the minimum sentence of 10 years in prison, you’ll likely serve 20 years.
If you have one previous predicate felony, meaning a previous child molestation count or another felony for child abuse in your criminal history, the penalty increases to a presumptive term of 28 years. In such cases, the minimum prison term is 21 years and the maximum is 35 years. In most cases, you will not be eligible for parole, probation, or any other early release options, so you should expect to serve your full term if convicted of child sexual abuse, molestation, sexual exploitation, or any other sex crimes involving a child.
If you’re convicted of molestation of a child and already have two counts of this sex crime on your record, you could be sentenced to life in prison. If you want a chance of avoiding these lengthy prison sentences, you should hire a trusted sex crimes lawyer to defend you in the Arizona criminal justice system.
Mandatory Sex Offender Registration
A long prison sentence is just one punishment to expect for a sex crime conviction of this kind. You will also be required to sign up for Arizona’s Sex Offender Registry, which puts severe restrictions on where you can live and who you can have contact with.
In particular, as a registered sex offender, you cannot live within 1,000 feet of the victim or any school, which means you will have to carefully consider your mandatory lifetime sex offender registration any time you move. In addition, you cannot have contact with anyone under the age of 18, including your own children, unless you take the steps to get permission from your probation officer in the future.
Additional Penalties
Whether you’re sentenced to a decade or 35 years in prison, your punishment will continue even after you’re released. This is because being convicted of molestation of a child and becoming a registered sex offender has consequences that can last a lifetime.
First, there is the social stigma and humiliation of being convicted of any sex crime involving a child, including molestation, child abuse, child pornography, sexual exploitation, or other forms of sexual misconduct. You could lose the support of your friends, family, and community once they find out about your sex crime conviction. You could also have trouble finding employment and housing once the background check is complete and shows your Phoenix sex crime conviction.
Finally, there are the consequences of being convicted of a felony in general, regardless of the specific crime. Having a felony on your record usually means you lose the right to own a firearm, vote in elections, run for public office, or serve on a jury. You’ll also become ineligible for certain government benefits, professional licenses, and jobs.
If you want the opportunity to avoid these lifelong consequences of being convicted of sexual abuse, child pornography, sexual exploitation, sexual assault, molestation, or other serious crimes, you need a skilled Phoenix sex crimes attorney to represent you. When you contact our Arizona criminal defense firm for legal guidance, we’ll ensure you understand what your charges mean for you and develop a solid criminal defense strategy to avoid or reduce severe penalties. Call us for a free consultation with Phoenix sex crimes lawyers who will work hard to keep you out of prison and off the sex offender registry when possible.
What Should You Do If You've Been Accused of Child Molestation?
If you have been charged with child molestation in Arizona, it is crucial to seek the help of experienced legal counsel as soon as you can. A child molestation charge is one of the most serious criminal offenses a person can face and can result in severe legal and personal consequences, including lengthy prison sentences, fines, and mandatory registration as a sex offender.
A Phoenix criminal defense lawyer like those at the Belén Law Firm, PLLC, can help protect your Constitutional Rights and build a strong defense strategy that takes into account the unique circumstances of your case. When you hire the lawyers at our firm, we will review the evidence against you, conduct our own investigation, and challenge any potential errors or misconduct by law enforcement for the best chance of successfully fighting the charges.
Additionally, a criminal defense lawyer can negotiate with the prosecution to potentially reduce charges or penalties, or even secure a dismissal or acquittal at trial. Without the help of a skilled criminal defense lawyer, you may be at a significant disadvantage in defending against child molestation charges and will therefore be at risk of facing severe consequences that could impact your life for years to come. Call our Phoenix law office today to take action as soon as you find out you’re facing charges.
What Are Some Defenses for Child Molestation Charges in Arizona?
If you’re facing child molestation charges in Arizona, it is essential to understand the possible defenses that may be utilized for your case. Experienced criminal defense attorneys are well-versed in a wide variety of defense angles and will carefully choose the most effective one for you based on your specific circumstances. You can get an idea of the possible defense options that could work for your case by scheduling a consultation with a Phoenix sex crime defense lawyer. In the meantime, consider some common defense strategies for sex crime cases in Arizona.
One of the most common sex crime defense strategies is challenging the credibility of the accuser and investigating their background to see if they have any motive to lie or fabricate false allegations. For example, a co-parent might make false accusations against the other in the midst of a child custody dispute to retain full custody of their child or children. If you have reason to believe the accuser made up false allegations of sexual abuse, sexual assault, sexual exploitation, molestation of a child, or other forms of inappropriate sexual conduct, reach out to our firm so we can investigate and potentially clear your name.
Another possible defense strategy is to argue that the alleged sexual contact was accidental or misunderstood and not intended to be sexual in nature. Additionally, it may be possible to argue that the prosecution has insufficient evidence to prove beyond a reasonable doubt that the accused committed the alleged acts. It is also important to review the evidence collected by law enforcement officers to ensure that proper procedures were followed during the investigation and to challenge any potential errors or misconduct on the part of the law enforcement agencies involved.
Another possible defense angle that may be employed is the lack of sexual interest defense. This defense argues that the defendant did not have the requisite sexual interest or intent to commit the alleged acts of child molestation. In other words, the defendant may have been present during the alleged incident but did not engage in any sexual behavior with the alleged victim because they lacked the necessary sexual desire or attraction. However, it is important to note that this defense can be difficult to prove and may require expert testimony or other evidence to support it. It is also important to consider the potential implications of using this defense, as it may be seen as admitting to other, non-sexual offenses, such as being alone with a child or engaging in inappropriate behavior.
Ultimately, it is essential to build a strong defense that takes into account the unique circumstances of the case and the applicable laws and legal precedents. Only an experienced Arizona sex crime defense attorney can provide the strongest defense possible in your case and help you secure the most favorable outcome in your situation. If you want to learn more about possible defense options for molestation of a child, sexual abuse, sexual assault, internet sex crimes, or other accusations involving sexual acts, call our Phoenix law office today to speak with an experienced legal team ready to fight for you.
How Can Phoenix Child Molestation Defense Attorneys Defend You Against Serious Charges?
Arizona child molestation charges are incredibly serious, so those accused must do everything in their power to protect themselves against the harsh consequences that may follow. If you are facing child molestation charges, it is in your absolute best interest to get the help of an aggressive defense attorney immediately after the allegations are made.
At the Belén Law Firm, PLLC, our trusted Phoenix sex crimes attorneys fully understand the seriousness of these charges and know what it takes to navigate the complexities of the criminal justice system. We have argued on behalf of hundreds of clients accused of molestation, child abuse, internet sex crimes, possession of sexually explicit material, and other sex offenses. We can walk you through the legal process of fighting molestation and sexual abuse allegations from start to finish, giving you peace of mind when it comes to your case.
Whether you’re facing molestation, child pornography, or child sexual abuse charges, you can rest assured that we are prepared to help you build and strengthen your case and fight for the best possible outcome for your unique situation. If you want to schedule a free initial consultation with lawyers ready to fight for you, call our Phoenix law office at 602-715-0908.