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Phoenix Sexual Abuse Defense Attorney
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At the Belén Law Firm, we understand the gravity of facing sex crime charges in Phoenix. As a dedicated Phoenix sexual abuse defense attorney, Belén Olmedo Guerra is committed to defending individuals accused of these serious offenses. With profound implications that could label someone as a sex offender and affect their life indefinitely, it’s crucial to have an assertive and knowledgeable attorney who can provide a strong defense. Our firm focuses on mitigating the consequences and vigorously defending your rights, ensuring that every possible legal avenue is explored to protect your future.
Call the Belén Law Firm at (602) 715-0908 to schedule a free consultation with a Phoenix sex crimes attorney today.
What is Considered Sexual Abuse in Arizona?
Sexual abuse in Phoenix, AZ occurs when someone engages in sexual contact with another person without that person’s consent. It also includes sexual contact with a person under the age of 15, whether or not they provided consent.
Sexual contact is broadly defined and includes not only the direct touching of genitals, anus, or female breasts but also can involve indirect contact through clothing. This definition extends to any action that can be deemed sexually exploitative or harmful, irrespective of whether physical injury is caused.
Sexual abuse (and sex crime allegations of all kinds) should be treated very seriously. If convicted of a sex crime, individuals can face lengthy prison time, large fines, and other serious consequences, including mandatory sex offender registration. If you’ve been accused of sexual abuse or other sex crimes in Phoenix, contact the experienced sex crime lawyers at the Belén Law Firm right away.
ARS § 13-1404
ARS § 13-1404 outlines the definition and penalties for sexual abuse in Arizona. According to this statute, sexual abuse is defined as a person intentionally or knowingly engaging in sexual contact with another person without that person’s consent or with any person who is under fifteen years of age and only involves the female breast.
The legal definition of sexual contact can be found under Arizona Revised Statutes § 13-1401 and is described as “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.”
The statute clearly outlines that consent is a crucial element of lawful sexual contact and that the absence of consent or the inability to consent, such as in cases involving minors, constitutes sexual abuse.
Sexual Abuse vs. Sexual Assault
Sexual abuse generally refers to any sexual conduct where an individual intentionally or knowingly engages in sexual contact without the victim’s consent or with someone unable to consent due to age or incapacity. This can include non-penetrative acts such as inappropriate touching or fondling, often emphasizing the breach of trust or authority in situations involving minors or dependent persons.
Sexual assault, on the other hand, refers to acts of penetration or attempted penetration, including rape. This sex offense is considered a more severe form of sexual violence and usually involves physical force, coercion, or an immediate threat of violence. If you have been accused of sexual assault in Arizona, it’s imperative that you reach out to a Phoenix sexual assault lawyer on our team as soon as possible.
Sexual Abuse vs. Other Sex Crimes
Sexual abuse is one part of a broader spectrum of sex crime charges, each defined by distinct elements and societal impacts. At the Belén Law Firm, our Phoenix, AZ sex crime lawyers have extensive experience defending clients against sexual abuse allegations as well as a number of other sex crime charges.
Below, we’ll provide some clarification as to how sexual abuse differs from other similar sex offenses:
- Child Molestation: While sexual abuse involves any inappropriate sexual contact, often non-penetrative, without consent, or with someone underage or incapacitated, child molestation specifically targets minors and generally involves repeated incidents of sexual behavior. Child molestation also includes a variety of sexual acts aimed at a child and carries a connotation of sustained abuse. Those facing false allegations of child molestation should contact the experienced child molestation defense attorneys at the Belén Law Firm immediately to begin crafting their defense strategy.
- Sexual Conduct With a Minor: Also commonly referred to as statutory rape, sexual conduct with a minor in Arizona occurs when an adult engages in sexual activity with a person under the age of consent in Arizona, which is 18 years. The state differentiates the severity of the offense based on the age difference between the involved parties, with stricter penalties imposed when the minor is younger and the age gap is larger
- Sexual Exploitation of a Minor: This sex crime refers to situations where a person takes advantage of a minor for sexual purposes or personal gain, which might include coercion to perform sexual acts, prostitution, or the production of pornographic materials. Unlike sexual abuse, which primarily involves direct physical contact or interaction, sexual exploitation can occur without any physical contact, such as in cases of non-consensual pornography.
- Child Pornography: Child pornography is another serious crime that involves the creation, distribution, or possession of sexual imagery involving minors. Child pornography in Arizona is distinct from sexual abuse in that the primary crime lies in the misuse of images or videos for sexual gratification or commercial gain, irrespective of whether direct contact with the child occurred during the creation of the content.
Understanding the differences between these sex crimes charges (and their potential penalties) is crucial for anyone facing allegations. Whether you’ve been arrested for sexual abuse, are facing child molestation charges, or have been accused of any other sexual offenses, the Phoenix sex crimes attorneys from the Belén Law Firm are prepared to aggressively defend your rights against the alleged crime. To begin building your sex crime defense, contact our law firm today.
Is Sexual Abuse Considered a Dangerous Crime?
In Arizona, sexual abuse is indeed considered a dangerous crime, specifically when it involves minors. This category, known as Dangerous Crimes Against Children (DCAC), includes a range of offenses where children are the victims of sexual exploitation or abuse. Such crimes are treated with utmost severity under Arizona law because of the significant physical and psychological harm they can inflict on young victims.
As such, convictions for these offenses typically carry harsher penalties, including longer prison sentences and stricter restrictions post-release. This makes the help of a Phoenix Dangerous Crimes Against Children lawyer incredibly important for those facing such charges.
What are the Penalties for Sexual Abuse in Arizona?
In Arizona, the penalties for sexual abuse are severe, reflecting the serious nature of the crime and its impact on victims. The state’s legal system categorizes sexual abuse as a felony offense, with punishments varying based on factors such as the age of the victim, the circumstances of the crime, and the perpetrator’s criminal history. Regardless, convicted individuals may face significant prison time, mandatory registration as a sex offender, and other long-lasting legal consequences.
Class 3 Felony Sexual Abuse
In Arizona, Class 3 felony sex crime charges usually apply to cases where the alleged victim is under 15 years old. Those convicted of a Class 3 felony in Arizona can face up to 7.5 years in prison, fines of up to $150,000, and lifetime probation with sex offender terms.
Class 5 Felony Sexual Abuse
When Arizona sex crimes like sexual abuse involve alleged victims who are 15 years or older, then the offense is considered a Class 5 felony. Penalties for a Class 5 felony in Arizona include up to 2.5 years in prison, $150,000 in fines, and lifetime probation.
Additional Consequences of a Conviction
Beyond the immediate legal penalties of imprisonment, fines, and probation, a conviction for sexual abuse in Arizona carries additional long-term, far-reaching consequences. The stigma associated with such cases alone is enough to impact a person’s personal and professional life forever. Plus, in addition to a permanent criminal record, convicted individuals will likely be required to join the sex offender registry.
Being a registered sex offender can lead to serious difficulties when it comes to finding employment and housing. Additionally, the conviction of sexual abuse can result in the loss of certain civil rights, such as voting and firearm ownership. For non-citizens, such a conviction could also trigger deportation proceedings.
How an Arizona Sex Crime Lawyer Can Help
If you’re facing charges for an alleged sex offense in Arizona, you’re up against some pretty severe penalties. That’s why it’s essential to seek the help of a seasoned Arizona sex crimes lawyer who can help you fight these charges. An attorney with experience handling criminal cases like your own will have an in-depth knowledge of how to put up a solid defense and work diligently to challenge the prosecution’s case, questioning the integrity and relevance of the physical evidence presented against you.
In far too many sex crime cases, individuals may falsely accuse another person of such behavior due to misleading evidence or for their own malicious reasons. A sex crimes attorney can challenge the credibility of these allegations by demonstrating reasonable doubt or highlighting instances of false accusations. Other potential defenses include scrutinizing the methods law enforcement used to gather evidence and looking for any procedural errors – such as an illegal search or improper forensic procedure – that could lead to the exclusion of unlawfully obtained evidence.
By employing strategic legal defenses like these and ensuring your rights are protected throughout the process, your Arizona sex crimes lawyer can significantly influence the outcome of your case and help you achieve the best possible resolution given your unique circumstances.
Why Choose Belén Law Firm?
Choosing the Belén Law Firm means securing dedicated and aggressive legal representation to fight against your sex crime allegations in Arizona. Led by seasoned attorney Belén Olmedo Guerra, our Phoenix criminal defense attorneys are known for their proficiency in handling serious criminal charges, including sex offenses. With a deep understanding of the legal process and a proactive approach that ensures that every legal avenue is explored, our team has what it takes to secure the best outcome in your case.
With the Belén Law Firm on your side, you gain a dedicated advocate and a partner who stands by your side, fighting for your rights and your future.
Call Today for a Free Consultation With an Experienced Phoenix Sexual Abuse Attorney
If you’re facing allegations of sexual misconduct of any kind, it’s crucial that you seek experienced legal guidance as soon as possible. As a leading Phoenix sex crime attorney, Belén Olmedo Guerra understands the stakes involved in these cases and is prepared to help you put up the strongest possible defense.
The Belén Law Firm offers Arizona residents free case evaluations so they can discuss their case confidentially, understand their legal options, and learn how skilled legal representation can make a significant difference in their case.
To schedule your free initial consultation, call (602) 715-0908 or reach out online to get in touch with an experienced criminal defense attorney at our law office today.
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