Phoenix Sexual Conduct with a Minor Attorney
Sexual Conduct with a Minor Defense Lawyer
Sex crimes involving minors in Phoenix are criticized very harshly by prosecutors, judges, juries and society as a whole. Because of Arizona law, crimes involving minors receive severe penalties so it is vital to your reputation and freedom that you contact an experienced Phoenix sex crimes defense attorney who knows how to address your charges. Defense lawyer Joshua S. Davidson has experience handling cases involving sexual conduct with a minor, and will know exactly how to approach your charges in order to achieve the best outcome possible. Generally speaking, sexual conduct with a minor cases are distinguished with molestation cases when the element of penetration or oral sexual contact occurs.
Different laws apply to a sexual conduct with a minor charge depending upon the age of the victim. A person over the age of eighteen commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person less than eighteen years of age. If the sexual conduct occurs with a minor under the age of fifteen, it is considered a class 2 felony and a “DCAC” or Dangerous Crimes Against Children. If convicted of a class 2 DCAC sexual conduct with a minor in Phoenix, Glendale, Mesa, Tempe, or Scottsdale as a dangerous crime against children, the mandatory sentence that will be imposed will be nothing short of devastating. Each act of sexual conduct is subject to a presumptive prison sentence of 20 years. Probation is not an option for the sentencing judge and the sentence for each count, by law, must be served consecutively. The prosecution seldom charges a single count of Sexual Conduct with a Minor and it is not uncommon for the accused to face absurd sentences spanning hundreds of years in prison if convicted on all counts. Moreover, defendants sentenced for this type of sexual conduct with a minor are not eligible to receive early release credits for good behavior while imprisoned and must serve every day of their sentence.
Even harsher penalties apply for those convicted of this crime when the victim is under 12 years old. In those cases, a person convicted of a single count of sexual conduct with a minor can be sentenced to 35 years to life in prison – even if they have no prior criminal record whatsoever.
A significantly less serious form of sexual conduct with a minor is charged when the victim is 15, 16, or 17 years old. In these cases, the crime is classified as a class 6 felony for which probation is sentencing possibility. In addition to potentially avoiding prison time if convicted, a class 6 felony can, in some circumstances, be reduced to a misdemeanor on the person’s criminal record. In other words, a person convicted of sexual conduct with a minor involving a child who just turned 15 years of age could potentially receive probation and a misdemeanor while the same act committed against the same minor on the day before they turned 15 would trigger a mandatory prison sentence of approximately 20 years without any parole or early release. Because the victim’s age is such a significant factor in determining the potential consequences of a conviction for sexual conduct with a minor in Phoenix, Mesa, Tempe, Scottsdale, or Glendale, you should have an experienced sex crimes defense attorney at your side who know how to effectively challenge all aspects of the prosecution’s case, including evidence used to establish the date of the alleged offense.
Additional defenses are available if you a charged with sexual conduct with a minor involving a 15, 16, or 17 year old that are not recognized for cases involving younger victims. For example, the defendant in these cases can avoid a conviction if at the time of the sexual conduct, he or she did not know and could not have reasonably known that the victim was under the age of 18. Also, if the defendant is 18 or under or is still in high school and is not more than 24 months older than the minor, consensual conduct is not punishable as sexual conduct with a minor.
Whether you are facing a class 2 Dangerous Crimes Against Children Sexual Conduct with a Minor case or a class 6 felony offense which involves a minor of at least 15 years of age, you should have a former sex crimes prosecutor working to protect your rights.
Arizona is known for giving particularly harsh sentences to sex offenders, and if convicted you could face a mandatory prison sentence that could easily prevent you from ever being released from prison. When facing sexual conduct with a minor charges, it is very important for you to seek qualified lawyer representation. As an experienced Phoenix sex crimes defense attorney, Joshua S. Davidson will make sure that you are treated fairly, even in the face of a criminal justice system that is known for being biased against sex offenders.
If you have been charged with sexual conduct with a minor, contact Phoenix Sex Crimes Defense Attorney Joshua S. Davidson immediately to discuss your case!