Sex Offense Criminal Defense Attorney in Phoenix, AZ
We Defend Those Accused of Every Type of Crime
Phoenix Sex Crime Lawyer
Perhaps no other crime you can be charged with carries the stigma associated with a sex crime accusation, whether rape, indecency with a minor, sexual assault, or prostitution. Sex crime cases can also be emotionally charged and complex, as there are two sides to every story.
As a criminal defense lawyer, Belén understands the complex nature surrounding the preparation and defense of a sex crime charge and the sensitive nature of the allegation. She also understands the severity of the punishment her clients may face, if convicted. Belén Olmedo Guerra has the courtroom experience and skill required to defend her clients.
Belén Olmedo Guerra is known for providing aggressive defense representation for her clients throughout Phoenix. She has successfully handled a number of high-profile cases.
If you have been accused of committing a sex crime in Phoenix, you’re up against some serious consequences. To protect your freedom and future, it’s essential for you to craft the strongest possible defense strategy to fight back against your charges. While the only way to really know which strategy is most likely to be successful in your situation is to consult with a knowledgeable Phoenix criminal defense attorney, it can also be valuable to make yourself aware of the resources available to you and the typical strategies that are used to combat sex crime charges.
Sex Crimes Defense Strategy
With every case she takes, she closely scrutinizes every piece of evidence the prosecution intends to use against her clients. Armed with a thorough understanding of each case, she drives the case towards the best possible outcome, whether that is convincing the state of Arizona to dismiss or reduce the charges against her clients or crafting a successful defense at trial.
Arizona Sex Crime Defenses
Depending on the circumstances surrounding your case several defenses may be available. This includes:
- Offering proof that someone else committed the crime
- False accusations
- False witness testimony
- Mistaken identity
- Inappropriate misleading witness interviews
- Faulty forensic testing conclusion
- Witness, prosecution, or police bias
Furthermore, there may be mitigating circumstances such that the facts only support a lesser charge. Belén has the skill required to bring these defenses to life in the courtroom, whether this be through withering cross examination of a Government witness or a compelling closing arguments demonstrating the deficiencies in the State’s proof.
Sex crime cases often come down to whose version of events is more believable. In most cases, the opportunity is available to convince prosecutors that justice can be served by a lesser charge or sentence. When the state’s charges don’t hold up, the charges may be dismissed.
In other cases, it may be in the client’s best interest to accept a plea deal, and Belén Olmedo Guerra will make sure that her client is well aware of the consequences of accepting the deal and will advise either for or against it.
We Defend Sex Crime Charges
A criminal sexual act normally involves non consensual or forced physical intimacy with another person. It is also a crime to engage in sexual activity with someone who cannot consent, such as a child or person who lacks mental capacity, including someone who is intoxicated.
Belén Law Firm has extensive knowledge but is not limited to the following range of charges:
Indecent Exposure: ARS §13-1402
Exposing genitals, anus or a woman’s breast (with the exception of breastfeeding) is considered indecent exposure in Arizona. This holds true particularly when the defendant commits the act knowing that someone would be offended or alarmed. Depending on the severity of the offense, a conviction can lead to 6-15 years in prison, in Arizona. Indecent exposure charges are as follows:
- Class 1 Misdemeanor- Indecent exposure to someone 15 years old or older
- Class 6 Felony- Indecent exposure with two or more priors
- Class 6 Felony- Indecent exposure to someone under 15 years old
Public Sexual Indecency: ARS §13-1403
A person commits public sexual indecency by intentionally or knowingly engaging in the following acts, if another person is present and the defendant is reckless about whether such person, as a reasonable person, would be offended or alarmed by the act:
- sexual contact
- oral sexual contact
- sexual intercourse
Sexual Abuse: ARS §13-1404
The Arizona Revised Statutes defines sexual abuse as intentionally or knowingly engaging in sexual conduct with another person without his or her consent. The sexual abuse charges in Arizona are as follows:
- Class 5 Felony- Sexual abuse is a class 5 felony if the alleged victim is 15 years or older
- Class 3 Felony- Sexual abuse is a class 3 felony if they victim is under 15 years old.
Statutory Rape: ARS § 13-1405
The Arizona Revised Statutes Section 13-1405, sexual conduct with a minor, also known as “statutory rape”, defines the act of intentionally or knowingly engaging in sexual intercourse or oral sexual contact with someone who is under the age of 18. For minors 15 and older, typical charge is class 6 felony. for minors under the age of 15, charges are typically class 2 felony.
Sexual Assault (and Date Rape): ARS §13-1406
In Arizona, sexual assault, more commonly known as rape, is engaging in sexual acts without consent. This is typically a class 2 felony. Those convicted of sexual assault assisted by drug administration or those with one or more previous charges. If a date rape drug is used, an additional 3 years is added to the sentence.
Molestation of a Child: ARS §13-1410
In Arizona, molestation of a child is intentionally or knowingly engaging or causing someone to engage in sexual contact (except sexual contact with a female breast) with a child who is under fifteen years old. This is a class 2 felony punishable to section 13-705.
Sexual Misconduct: ARS §13-1418
Sexual misconduct, in Arizona, involves misconduct by a behavioral health professional, such as a psychologist or psychiatrist. Behavioral health professionals may not legally engage in sexual relations unless the physician-patient relationship has been dissolved. This is a class 6 felony in Arizona.
Violent Sexual Assault: ARS §13-1423
Violent sexual assault is sexual assault in its aggravated form. The use of a deadly weapon is what makes a sexual assault violent or aggravated.
Voyeurism: ARS §13-1423
Voyeurism is unlawfully and knowingly invading the privacy of another person without the other person’s consent for the purpose of sexual stimulation.
Pandering: ARS §13-3209
Pandering involves someone convincing or coercing another to be a prostitute. This is typically closely related to “pimping”. However, pandering is a separate crime with separate charges.
Child Pornography: ARS §13-3553
In Arizona, child pornography, or sexual exploitation of a minor, is a class 2 felony. More severe punishments arise for cases involving alleged victims under the age of 15.
Arizona’s child pornography law states that an individual may be charged if he or she knowingly:
- Recorded, filmed, photographed, or showed a minor engaging in sexual behavior
- Distributed sexually explicit material involving a minor
Solicitation for Prostitution: Phoenix Municipal Code 23-25
Phoenix, Arizona has its own code against soliciting prostitution. According to this municipal code, anyone who offers, agrees, commits or solicits prostitution is guilty of a misdemeanor in Phoenix, Arizona. This usually holds the charge of class 1 misdemeanor.
Consequences for Sex Crime Convictions
By definition, Arizona sex charges generally involve sexual contact without consent. They can include sexual abuse, assault, battery, trafficking, or pornography. Prostitution is another type of sex charge, even though it may involve consent.
If you are charged with a sex crime in Phoenix, you will find yourself up against serious consequences like a prison sentence, high fines, and the loss of basic rights. Moreover, your reputation can be permanently marred by a sex crime conviction, which can affect your income, relationships, and future opportunities.
Additionally, certain sex crimes, such as sexual abuse or sexual assault, require registry on the Arizona sex offender list. When you are on the list, your photo, address, and information about your criminal conviction is available to the public. This requirement can take a heavy toll on your ability to live a normal life.
Since the consequences can have a long-lasting, negative impact, you need to know the best defenses a skilled Phoenix sex crimes attorney can use to get your charges reduced or dismissed.
Call for a Free Initial Consultation
Sex crime cases are often difficult because the accuser and alleged perpetrator are often the only ones who actually know what happened. Additionally, there are some who use these types of allegations as weapons. They can be used to create leverage in child custody cases and sometimes even used as a method of retaliation. Once these allegations have been made, it can be impossible for the accused to fully recover his or her reputation.
Regardless of the accusations against you, you always have the right to be presumed innocent until the state of Arizona proves its charges.
Contact the Belén Law Firm today to discuss your sex crimes case. We offer free case evaluations and are available 24/7. After we review your case, we’ll give you an overview of what’s to come for your case and provide you with an aggressive criminal defense. We offer flexible payment plans, so don’t hesitate to call! You can reach us at 602-715-0908.
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Criminal Defense Practice Areas
The Belen Law Firm is foremost a criminal defense firm that handles other types of criminal charges and offenses: