Have you been accused of sexual assault in Tucson, AZ? Katsarelis Law Criminal Defense Attorneys is here to help you. With 45 years of combined criminal defense experience, our team knows how overwhelming these charges can be for defendants and what’s at stake for your reputation, job, and future.
We will examine evidence from every angle, rebutting false or inconsistent reports and making sure your side is heard. Contact our law office today at (520) 510-0439 to schedule a free consultation with a Tucson sexual assault defense lawyer.
Why Choose Katsarelis Law to Help Me if I’m Arrested for Sexual Assault/Battery in Tucson?
When you’re facing the life-changing accusations of sexual assault in Tucson, Arizona, every choice about your legal defense could alter the rest of your story. With decades of courtroom experience between us, we can handle any type of case.
Here are some things that distinguish our Tucson criminal defense attorneys:
- We’ve successfully handled thousands of criminal cases.
- We always collaborate on cases, so you’ll get the experience of multiple professionals.
- We’ve been recognized by Martindale-Hubbell, The National Trial Lawyers Top 100, and other reputable legal organizations.
The stakes could not be higher, but you don’t have to face these charges on your own. Contact Katsarelis Law to schedule a free consultation with a Tucson sex crimes attorney.
Overview of Sexual Assault/Battery in Arizona
In Arizona, there’s not a crime officially called “sexual battery.” Instead, what’s commonly known as sexual battery in other states is prosecuted under sexual assault laws. Sexual assault in Arizona means intentionally or knowingly engaging in sexual intercourse or oral sexual contact with another person without their consent. Oral sexual contact is defined as oral stimulation or contact with anyone’s genitals or anus.
A charge of sexual assault doesn’t necessarily mean that force was used. Lack of consent goes far beyond saying “no.” Arizona law includes:
- Being compelled by threats or force, like blackmail, violence, or intimidating behavior
- Inability to make clear decisions due to intoxication, drugs, mental instability, or another medical issue
- Submitting while misled, such as being tricked by someone pretending to be a trusted partner, spouse, or being lied to about the reason for the sexual activity
- Being under the age of consent
Facing sexual assault charges is about as serious as it gets. Legal advice is essential to protect your rights in these sensitive situations.
What Are the Penalties for Sexual Assault/Battery in Tucson, Arizona?
The penalties for sexual assault in Tucson, Arizona, are severe and can change the course of a person’s life in many ways. Here’s what you could be looking at if you’re convicted of this felony charge:
- First Offense: The minimum prison sentence is 5.25 years, the presumptive sentence is 7 years, and the maximum sentence is 14 years behind bars.
- One Prior Sexual Assault Conviction: Sentences become much harsher: the minimum is 7 years, the presumptive jumps to 10.5 years, and the maximum reaches 21 years.
- Two Prior Convictions: The minimum is 14 years, the presumptive is 15.75 years, and the maximum is 28 years.
- Sex Offender Registration: Anyone convicted will have to register as a sex offender, which affects everything from where you can live to finding a job.
- Assault Cases With Serious Injury: For the most aggravated situations, like those that cause severe bodily harm, judges can hand down life imprisonment. In these cases, you’re not eligible for parole until you’ve served at least 25 years.
These harsh sentences show why fighting sexual assault charges aggressively is critical.
What Defenses Can I Raise if I’m Arrested for Sexual Assault/Battery?
Facing sexual assault charges in Tucson is life-altering, but there are a number of legal defenses your attorney can potentially raise, depending on the specific circumstances. Some common ones include:
Not Legally Defined as Sexual Assault
Not all acts that are charged as sexual assault will actually meet the legal definition. If what took place did not involve penetration, oral contact, or otherwise falls outside what’s required to prove the charge, your attorney can fight for a not guilty verdict.
Consent
Many sexual assault cases hinge on the issue of consent. Sometimes, both people fully agree on what happened, even if later someone regrets it or decides to make a false accusation for some other reason. Text messages, eyewitness testimony, social media, or other evidence may be able to provide the context you need to show that the acts were originally consensual.
False Accusations
Difficult family situations, toxic breakups, or jealousy can lead to exaggerated or even blatantly false accusations. If it’s shown that a claim was filed out of spite or as leverage in a custody battle, for example, this can lead to an acquittal.
The earlier you start fighting back with an experienced Tucson defense lawyer, the better your chances are.
Being charged with sexual assault or battery in Tucson isn’t something you ever expect, but it’s a reality for many people. The attorneys at Katsarelis Law treat every client with serious respect and will do everything possible to help you get the results you deserve. Don’t wait—reach out today to schedule a free consultation with a Tucson sexual assault defense lawyer.