Sexual Conduct With A Minor In Arizona
In the state of Arizona, a person can be convicted of A.R.S §13-1405 Sexual Conduct with a Minor if he or she commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under 18 years of age. This is per A.R.S §13-1405.
It is important to understand that sexual intercourse is a broad term and included anything involving penetration. It depends on the age of the victim as to how a person is charged. If the victim is at least 1 years old and has not reached their 18th birthday, then the charge is considered a class six felony. If the victim is 14 years old or younger, then the charge is considered a class felony and also qualifies as Dangerous Crimes Against Children.
If you have been charged with sexual conduct with a minor, it cannot be stressed enough how important it is that you reach out to a reputable law firm to handle your case. This type of charge is very serious and comes with the possibility of having to spend a significant amount of time behind bars. At the Cates & Garvey Law Group, our attorneys have a lot of experience in handling cases involving sexual conduct with a minor charges, and we are confident we can approach your case to deliver the best outcome possible.
Punishment For A Sexual Conduct With A Minor Conviction
If you are convicted of a class six felony of sexual conduct with a minor first offense, the following sentences can be handed down to you:
- Zero up to 365 days in jail (or)
- Four months up to two years in prison
You will also have to register as a sex offender. In the state of Arizona, if you are a registered sex offender, you cannot under any circumstance have any contact with a person under the age of 18. This even applies to your children. There are hoops you can jump through to be able to contact your minor children, but these hoops are extensive and you also have to get permission from your probation officer.
If you are convicted of this charge and you have a prior felony conviction, then the following sentences can be handed down:
- Prison only range from nine months to 2.75 years
If you have two or more convictions, the prison only range then goes to:
- 2.25 years up to 5.75 years
If you are convicted of a first offense class two felony sexual conduct with a minor, the possible punishment gets much more severe. If the victim of the case is either 12, 13, or 14 years of age, you have the possibility of being sentenced to:
- 13 years minimum in prison
- 20 years presumptive in prison
- 27 years maximum in prison
If you are convicted of more than one charge of sexual conduct with a minor, then your sentences must run consecutively. This means under no circumstance will you be able to serve out two or more sentences at the same time. It also means that the range of punishment is:
- 26 years minimum in prison
- 40 years presumptive in prison
- 54 years maximum in prison
You must serve 100% of your time before being eligible for release. And if you have had a prior conviction for a predicate offense, meaning this is not your first offense, then the minimums of this class two felony go to:
- 23 years in prison
- 30 years presumptive in prison
- 37 years maximum in prison
For each conviction you receive with a prior conviction for a predicate offense, your sentences will run consecutively.
If you are convicted of a class two felony of sexual conduct with a minor and the child is 12 years old or younger, then there are only two possible punishments that the judge can hand down:
- 20 years in prison
- 35 years to life in prison
Once again, if you are convicted of two charges and the judge hands down a 20-year sentence on each charge, then you will still have to serve them consecutively, meaning you will spend at least 40 years behind bars.
Contact Us To Learn About Possible Defenses For These Charges
As you can see, Arizona does not take sexual conduct with a minor lightly. In fact, many people refer to a conviction of this type of charge as a life-ender. If you are convicted, there is a very good likelihood that you are going to spend a significant amount of time behind bars. And if you are convicted of more than one charge, there’s a strong likelihood you’re going to spend the better portion of the rest of your life incarcerated. This is why you need to contact our law firm as soon as possible.
Also, if you believe that you are going to be arrested for sexual conduct with a minor, it is paramount that you contact as soon as possible. Once you are arrested, you will have to sit in jail until your trial because this type of charge comes with a non-bondable feature, meaning you cannot be released on bond. You WILL sit in jail until your trial is over or until you reach a plea deal with the prosecutor.
Upon reviewing your case, one of the first things we will do is assess how the charges were brought against you. If there was a Child Protective Services report created, we will want to review this report to see if it was properly prepared as well as gain any insight to see if you have been falsely accused. We will also speak with any forensic interviewers on your case to determine if they carried out their procedures according to the law. And if we feel necessary, we will have you undergo a polygraph to help build your defense by highlighting your innocence thanks to a passed polygraph.
There are many people who are charged with sexual conduct with a minor because they didn’t know the child was actually a minor. Either they were completely unaware, or the child lied about his or her age. For example, perhaps you went to a club one night and took a girl home and had sexual relations with her. The two of you never discussed her age, but because the club was only accessible to those who were at least 21 years of age, you assumed the girl was 21 years old or older. Now that charges have been brought against you, though, you see that the girl was not 21 years old. In fact, she hadn’t even reached her 18th birthday. Having a defense like this will prove very valuable to your case and may even be grounds for dismissal of the charges.
To prove that you did not know the actual age of the victim and you were under the impression he or she was at least 18 years old, there are several interviewing techniques that are law firm will carry out to make sure the truth is brought to light.
At the Cates & Garvey Law Group, we have much experience in handling cases related to sexual conduct with a minor. We also have access to a very large library that provides us with the necessary resources to create the strongest possible defense for your case. We understand the seriousness of these charges and we will do all we can to have the charges against you either dismissed or lowered. If you are convicted, then we will put together a strong defense of mitigating reasons so that you obtain leniency in your sentencing.
We won’t approach your case with just a single attorney. We will put a whole team of legal professionals who can build the strongest defense case possible. Not only do we not want to see you spend time behind bars, but we also do not want to see you have to register as a sex offender.
If you or a loved one has been charged with sexual conduct with a minor, please don’t wait for a second longer to contact us. The sooner we can start reviewing your case, the easier it will be to put together a strong defense. We will work around the clock and tap into all resources necessary to make sure the case receives the best possible outcome. It takes a special set of skills and specialized knowledge to effectively handle sexual conduct with a minor cases, and at the Cates & Garvey Law Group, we have what it takes to showcase you as the defendant in a favorable light to the judge.