Phoenix Sexual Assault Defense Lawyer
Defending Sexual Assault Charges Under ARS § 13-1406 in Arizona
Sexual assault allegations under ARS § 13-1406 are among the most serious criminal charges in Arizona. A conviction can mean years in prison, mandatory sex offender registration, and permanent damage to your name, career, and relationships. If you are under investigation or have been charged, you need a Phoenix sexual assault defense lawyer who understands the stakes and knows how to fight back.
Tamou Law Group represents clients facing sexual assault charges in Phoenix, Maricopa County, and courts across Arizona. Our legal team focuses on challenging weak evidence, exposing inconsistencies, and ensuring that judges and juries hear your side of the story—not just the prosecution’s version.
Recent Sexual Assault & Serious Sex Crime Defense Results
Each case is unique and past results cannot guarantee future outcomes. These examples show how a focused Phoenix sexual assault defense lawyer can influence high-stakes ARS § 13-1406 cases.
Client faced multiple counts of sexual assault after a party. Our Phoenix sexual assault defense lawyer highlighted inconsistencies in statements, conflicting forensic opinions, and text messages that contradicted the allegations. The State dismissed all sexual assault charges before trial.
Facing a class 2 felony sexual assault charge, the client risked years in prison and sex offender registration. Our Arizona sexual assault defense lawyer challenged identification and presented strong mitigation, resulting in a plea to a non-sex felony with significantly lower exposure.
Detectives opened a sexual assault investigation based on a delayed report. Before charging, our team provided digital communications, witness statements, and timeline evidence that undermined the claim. Prosecutors declined to file ARS § 13-1406 charges.
Client was accused of non-consensual sexual intercourse after a night of drinking. Our sexual assault defense lawyer in Phoenix used contradictory testimony, prior statements, and expert analysis on intoxication to create reasonable doubt. The jury returned a not guilty verdict.
Client learned a former partner had made a sexual assault allegation. Our Phoenix sexual assault defense lawyer stepped in before any interview, advised against speaking with detectives, and provided context and corroborating information. The investigation was closed with no charges filed.
Client faced attempted sexual assault plus related counts. Through targeted motions and negotiations, our Arizona sexual assault defense lawyer achieved a reduced non-violent charge with short-term probation and no prison time.
Pre-Charge Representation in Sexual Assault Investigations
When Detectives Want “Your Side of the Story”
Many ARS § 13-1406 cases start as investigations, not immediate arrests. You may receive a phone call from a detective or be asked to come to the station to “clear things up.” Even if you are told you are not under arrest, you are likely the primary suspect.
A Phoenix sexual assault defense lawyer can step in immediately, manage all communication with law enforcement, and protect you from making statements that could later be taken out of context or used to support serious felony charges.
Recorded Interviews and Confrontation Tactics
Sex-crimes detectives are trained to use confrontation, minimization, and incomplete disclosures of evidence to get admissions or “partial” confessions. Once recorded, those statements can be extremely difficult to overcome.
Your sexual assault defense lawyer in Phoenix will evaluate whether any interview is strategically wise—and in most cases will advise you not to speak without careful planning, if at all.
Influencing Charging Decisions
Prosecutors decide whether to charge sexual assault, attempted sexual assault, or different offenses entirely. When a Phoenix sexual assault defense lawyer becomes involved early, we can present exculpatory evidence, mitigating information, and context that the detective’s report may never fully capture.
Pre-charge representation sometimes leads to reduced or different charges, or in some cases, no charges at all. While there are no guarantees, leaving the State with only one side of the story is rarely in your best interest.
If You Suspect You Are Under Investigation
If you hear rumors, receive calls from officers, or learn that someone has made serious accusations, do not try to fix it on your own. Contact a Phoenix sexual assault defense lawyer as soon as possible so you can make informed decisions from the start.
Understanding Sexual Assault Under ARS § 13-1406
Key Elements of Sexual Assault in Arizona
Under ARS § 13-1406, sexual assault generally involves intentionally engaging in sexual intercourse or oral sexual contact with another person without their consent. The statute is complex and can apply in a wide range of situations, from social encounters to longstanding relationships.
A Phoenix sexual assault defense lawyer will analyze the exact allegations, the relationship between the parties, and the surrounding circumstances to determine whether the State’s evidence actually meets the statutory definition.
What Counts as “Without Consent”
Arizona law defines “without consent” in several ways, including situations involving force, threats, coercion, incapacity, or circumstances where a person is unable to understand or express consent (due to age, intoxication, or mental condition).
- Alleged use or threat of force or violence.
- Alleged inability to resist due to intoxication or impairment.
- Alleged lack of capacity to consent because of age or mental condition.
Your Arizona sexual assault defense lawyer will examine every detail of how the encounter actually happened, what was said before and after, and whether the legal definition of “without consent” is truly met.
How Sexual Assault Allegations Commonly Arise in Phoenix and Across Arizona
Alcohol, Intoxication, and Conflicting Memories
Many ARS § 13-1406 cases involve drinking, parties, or social events where memory and perception may differ dramatically. What one person later describes as non-consensual, another may remember as mutual or unclear. A Phoenix sexual assault defense lawyer will carefully examine text messages, social media, surveillance footage, and witness accounts to reconstruct what actually happened.
Breakups, Jealousy, and Relationship Dynamics
Sexual assault allegations sometimes arise after a breakup, conflict, or jealousy. Relationships can be complicated, and a single interaction may be reinterpreted later in light of emotional fallout or pressure from friends and family. Your sexual assault defense lawyer in Phoenix will look at the broader pattern of the relationship—not just one night in isolation.
Family, Workplace, and Power Imbalances
Accusations can also arise in families, workplaces, or situations involving unequal power. These contexts create additional complexity: fear of reporting, delay in disclosure, or influence from third parties.
An Arizona sexual assault defense lawyer will consider all of these dynamics while still pressing the State to prove each element beyond a reasonable doubt.
Delayed Reports and Changing Stories
Delayed reporting is common in sex-crime cases, but delays also create opportunities for memory distortion, outside influence, and inconsistent details. Your Phoenix sexual assault defense lawyer will compare early statements to later ones, looking for shifts that may undermine credibility.
Felony Level, Prison Time & Sentencing for Sexual Assault in Arizona
Sexual Assault is a Class 2 Felony – ARS § 13-1406
Sexual assault under ARS § 13-1406 is always a Class 2 felony, one of the most serious criminal classifications in Arizona. A conviction brings mandatory consequences, including:
- Mandatory prison time under Arizona’s sentencing laws.
- Long-term community supervision after release.
- Sex offender registration in almost all cases.
- Severely restricted probation options.
A knowledgeable Phoenix sexual assault defense lawyer will analyze which sentencing range applies to your case based on the circumstances, alleged aggravators, and any prior history.
Presumptive Sentencing Range
For first-time offenders, Arizona uses standard sentencing ranges for Class 2 felonies. These can vary based on aggravating or mitigating factors:
- Mitigated: ~3 years
- Minimum: ~5 years
- Presumptive: ~7 years
- Maximum: ~14 years
- Aggravated: 21 years or more
The actual sentencing range may differ depending on exact statutory provisions, aggravators, priors, and DCAC allegations. Your sexual assault defense lawyer in Phoenix will break down your specific exposure in real terms.
Dangerous Crimes Against Children (DCAC)
If the alleged victim is under a certain age, prosecutors may file the charge as a Dangerous Crime Against Children (DCAC). This dramatically increases sentencing exposure, often involving:
- Mandatory prison only (no probation allowed).
- Decades-long sentencing ranges rather than years.
- Lifetime probation in certain circumstances after release.
- Strict post-release conditions including GPS monitoring and tight movement restrictions.
When DCAC exposure exists, a Phoenix sexual assault defense lawyer must be immediately aggressive. These are life-altering penalties, and early legal intervention is critical.
Probation, Fines & Additional Penalties
Even in rare cases where probation is on the table, it usually comes with heavy conditions:
- Years of supervised probation with frequent reporting.
- Mandatory sex offender treatment programs.
- No-contact orders with the alleged victim or minors.
- Restrictions on internet use and electronic devices in some cases.
- Loss of firearm and certain civil rights.
Court-ordered fines, fees, and restitution can also reach into the thousands of dollars, depending on the case.
Sex Offender Registration Requirements
Most ARS § 13-1406 convictions require mandatory sex offender registration. Registration significantly impacts where you can live, work, and travel, and creates long-term social and employment barriers.
Your Arizona sexual assault defense lawyer will evaluate whether it is possible to negotiate a plea or pursue a trial strategy that avoids registration-based offenses—and will always treat the risk of registration as a central part of your defense plan.
Common Defense Strategies in Sexual Assault Cases
Consent and Context
In many sexual assault cases, the main question is not whether contact occurred, but whether it was consensual. A Phoenix sexual assault defense lawyer will review:
- Text and social media communications before and after the encounter.
- Witness accounts about how both parties behaved before the alleged incident.
- Statements made by the complaining witness to friends, medical professionals, or police.
Small details about language, body language, and follow-up communications can dramatically shift how a jury views consent and credibility.
Challenging Credibility and Motive
Your sexual assault defense lawyer in Phoenix will also examine whether there are motives to exaggerate or fabricate allegations—such as jealousy, regret, revenge, custody disputes, or pressure from peers and family members.
Forensic and Medical Evidence
Medical exams, forensic reports, DNA, and injury findings can be misinterpreted or overstated. We may work with independent experts to evaluate whether the physical evidence actually supports the State’s version—or whether it is neutral or inconsistent with the allegations.
Investigative Flaws and Due Process
Sometimes officers or detectives focus too quickly on one suspect, ignore leads, or conduct suggestive interviews. Your Phoenix sexual assault defense lawyer will examine whether the investigation was fair and complete—or whether tunnel vision led to a one-sided narrative.
Insufficient Evidence and Reasonable Doubt
Even in emotionally charged cases, the State still must prove every element beyond a reasonable doubt. When there are no neutral witnesses, no clear forensic findings, and inconsistent statements, an Arizona sexual assault defense lawyer will emphasize that suspicion alone is not enough for a conviction.
Why Clients Trust Tamou Law Group for ARS § 13-1406 Sexual Assault Defense
Sexual assault allegations can turn your world upside down overnight. At Tamou Law Group, we understand the intense pressure, fear, and uncertainty that come with being accused of such a serious offense. Our role as your Phoenix sexual assault defense lawyer is to provide a steady, strategic presence from the first day of the investigation until the final resolution of your case.
- Focused criminal defense practice with significant experience in major felony and sex-crime litigation.
- Deep knowledge of ARS § 13-1406 and related statutes, including how prosecutors charge and negotiate sexual assault cases.
- Sophisticated evidence review involving digital data, medical records, forensic reports, and complex timelines.
- Access to respected experts in forensic psychology, medical examinations, toxicology, and investigative interviewing.
- Pre-charge intervention in cases that are still under investigation, working to shape how prosecutors see the case before formal charges.
- Respectful, confidential representation that recognizes the emotional and reputational impact of a sexual assault accusation.
When you hire a Phoenix sexual assault defense lawyer from Tamou Law Group, you get more than legal advice. You get a team committed to protecting your name, your future, and your freedom.
Where We Defend Sexual Assault Cases in Arizona
Our Phoenix sexual assault defense lawyer team handles ARS § 13-1406 cases throughout Arizona, including:
- Maricopa County Superior Court – Phoenix, Mesa, Glendale, Scottsdale, Chandler, and surrounding cities.
- Pima County Superior Court – Tucson and nearby communities.
- Yavapai County Superior Court – Prescott, Camp Verde, and surrounding areas.
- Pinal County Superior Court and local city courts.
- Other Arizona counties for select major felony sex-crime cases.
During your consultation, we will discuss where your case is pending, who the likely prosecutors and judges are, and how local practices may influence your defense strategy.
Phoenix Sexual Assault Defense Lawyer – Frequently Asked Questions
Below are detailed answers to common questions people ask our Phoenix sexual assault defense lawyer team about ARS § 13-1406 charges.
1. What is sexual assault under ARS § 13-1406 in Arizona?
Under ARS § 13-1406, sexual assault generally means intentionally engaging in sexual intercourse or oral sexual contact with another person without that person’s consent. The law focuses on both the conduct and whether legal consent was present.
A Phoenix sexual assault defense lawyer will carefully compare the statutory language to the facts of your case and evaluate whether the State can actually prove every element beyond a reasonable doubt.
2. Is sexual assault always a felony in Arizona?
Yes. Sexual assault under ARS § 13-1406 is generally charged as a Class 2 felony, one of the most serious levels of felony in Arizona. Depending on the facts and any prior history, a conviction can result in years of prison time and other severe consequences.
Your sexual assault defense lawyer in Phoenix can explain your specific exposure, including potential mandatory prison and whether any probationary outcomes are realistically possible.
3. Do I need a lawyer if I haven’t been charged but police want to talk to me?
Absolutely. If detectives want to “hear your side” in a sexual assault investigation, you are likely the target of that investigation. Anything you say can be used to support ARS § 13-1406 charges.
A Phoenix sexual assault defense lawyer can step in right away, communicate with law enforcement on your behalf, and help you avoid mistakes that may be impossible to undo later.
4. Can sexual assault charges be reduced or dismissed in Arizona?
In some cases, yes. Whether charges can be reduced or dismissed depends on the strength of the evidence, credibility issues, forensic findings, and the quality of the defense. A Phoenix sexual assault defense lawyer may be able to negotiate for lesser charges, alternative resolutions, or dismissal when the law and facts support it.
There are never guarantees, but early intervention and thorough investigation often improve your chances of a better outcome.
5. What if the sexual assault allegation is false or exaggerated?
False or exaggerated allegations can arise from jealousy, regret, revenge, custody disputes, or outside pressure. Even if you know the accusation is untrue, prosecutors, judges, and juries may not see the full picture at first.
Your Phoenix sexual assault defense lawyer will examine motives, prior relationship dynamics, inconsistent statements, and objective evidence such as messages and location data to show why the allegation should not be trusted.
6. Will I have to register as a sex offender if I’m convicted of sexual assault?
Most sexual assault convictions under ARS § 13-1406 result in mandatory sex offender registration. Registration carries long-term consequences for where you can live, work, and travel.
An Arizona sexual assault defense lawyer will treat the risk of registration as a central concern, exploring strategies to avoid convictions that trigger registration whenever the facts and law allow.
7. How long do sexual assault cases usually take in Phoenix or Maricopa County?
Serious felony cases like sexual assault often take many months or longer, particularly if forensic testing, expert review, and extensive motion practice are involved. This timeline can be stressful, but it also provides opportunities for your Phoenix sexual assault defense lawyer to investigate, challenge evidence, and negotiate.
We will keep you informed at every stage so you always know what is coming next.
8. Should I talk about my case with friends or post on social media?
No. Anything you say to others or share online can be screenshot, subpoenaed, and used as evidence against you. Even private messages may not stay private in a criminal investigation.
Instead, speak openly only with your sexual assault defense lawyer in Phoenix, who is bound by confidentiality and can guide you on safe communication practices during the case.
9. Can Tamou Law Group handle sexual assault cases outside Phoenix?
Yes. While we are often retained as a Phoenix sexual assault defense lawyer team, we also represent clients in Pima, Yavapai, Pinal, and other Arizona counties in major felony sex-crime cases.
During your consultation, we will discuss the specific court where your case is pending and how local rules, judges, and prosecutors may influence strategy.
10. Why should I hire a Phoenix sexual assault defense lawyer instead of a general criminal attorney?
Sexual assault cases under ARS § 13-1406 involve complex law, sensitive evidence, and high emotional stakes. Jury attitudes, media interest, and collateral consequences are very different from those in typical criminal cases.
A focused Phoenix sexual assault defense lawyer understands forensic interviewing, trauma-informed testimony, medical evidence, and how Arizona prosecutors approach these charges—giving you a stronger, more targeted defense.
Talk to a Phoenix Sexual Assault Defense Lawyer Today
If you are being investigated or charged under ARS § 13-1406, you do not have to face it alone. A Phoenix sexual assault defense lawyer at Tamou Law Group can move quickly to protect your rights, challenge the State’s evidence, and begin building a defense tailored to your situation.
Call 623-321-4699 or contact us online now to schedule a confidential consultation with an experienced Arizona sexual assault defense lawyer.