Being accused of committing a sex crime can be an incredibly overwhelming, stressful, and isolating experience. Not only is your reputation at risk, but your future can be as well. Still, there is hope: an accusation is not a conviction.
You have the opportunity to hire a sex crime defense lawyer in Arizona and begin building your defense even before any charges have been filed. In fact, prior to speaking with law enforcement of any kind, it is wise to connect with a sex crimes lawyer. You may be innocent, but when accusations are made, a skilled legal representative can act as an essential shield against wrongful conviction.
Why Sex Crime Allegations Are Especially Complex
If you’re facing the need to build a sex crime allegations defense, it is important that you understand why sex crime allegations can be especially complex.
- Consequences – Conviction of sexual offenses in Arizona can result in prison time, a lifetime on the sex offenders registration list, permanent damage to your reputation, and the lasting trauma and damage that these results can leave you to face.
- Validity Decisions – Not only is there the added stress of potential penalties, but assessing the validity of the allegations is complex in its own right. From the “he said, she said” patterns that are typically found in sex crime cases to the emotional impact that they can have on a jury, there are numerous emotional landmines you will need to navigate carefully.
- Evidentiary Complications – Digital and circumstantial evidence, including texts, social media, and time-stamped records, can be selectively interpreted or presented in ways that do not accurately reflect the full context of the situation.
- Additional Charges – Should you be facing any additional accusations, such as assault-related charges, a custom defense developed by a sexual assault defense attorney in AZ can prove to be instrumental in pursuing your desired outcomes.
These complex elements are very common when it comes to sex crime cases, which is why you should enlist the help and support of a skilled sex crimes defense lawyer as soon as you can.
Your Sex Crimes Lawyer Can Assist You Immediately
If you have been accused of a sex crime, a sex crimes lawyer can help you sooner than you may think.
- Your lawyer can step in before the charges are filed. At The Valley Law Group, we do not believe in waiting around for charges to be filed before we start building our defense. Getting an early start can grant you and your legal representative the added time you need to begin crafting a compelling defense, as well as gathering evidence.
- They can communicate with law enforcement on your behalf. Your sex crimes defense lawyer can serve as a protective shield for you as you navigate interactions with law enforcement. Even the most honorable officers can get swept up in confirmation bias, resulting in a search for proof that you committed the crime instead of gathering evidence that may fall outside of their speculations.
- They can help you prevent self-incrimination. Even innocent people can sound guilty. Your lawyer can help prevent any self-incriminating behaviors and statements by speaking on your behalf and offering you counsel regarding how and when to share information.
- They can work to preserve favorable evidence. Due to their understanding of the sex crimes legal system, your lawyer can help you identify and preserve any evidence that may prove favorable to your defense.
- They can advise you on no-contact or protective orders. If the individual who accused you of committing a sex crime files a protective or no-contact order, a lawyer is essential. A sex crimes lawyer can help with understanding protective orders in Arizona, what they entail, and how to avoid violating the order.
Common Defense Strategies in Sex Crime Cases
While you may be aware of the complexities of a sex crime case and the challenges you are facing, that doesn’t mean navigating these charges is straightforward. A skilled sex crimes attorney can help you develop a custom defense that will give you the best chance at preserving your freedom. Here are some examples of defense techniques your lawyer can use to strengthen your case:
Challenging the Credibility of the Allegation
A sex crimes attorney is your best resource for learning how to handle false accusations of sexual assault. One of the most common defense techniques is to challenge the credibility of the allegation and even the witness.
Your attorney can accomplish this by:
- Pointing out any inconsistencies in witness statements, timeline, and/or evidence
- Suggesting any potential reasons the individual may have to fabricate the allegations, such as motivations connected to divorce, child custody, property division, and/or retaliation.
- Questioning the timing of the accusation. Was the claim filed right away? If not, why are they bringing it up now? Questions can weaken the allegations you are facing, as well as invite a very helpful ally – reasonable doubt – into the courtroom.
Examining Consent Under Arizona Law
Understanding consent and Arizona law is another asset you may benefit from when you start building your defense.
This can be done through addressing the following:
- The difference between consent and coercion. Under Arizona law, consent is freely given, though it is active and reversible at any time. Coercion, on the other hand, occurs when force, threats of force, or other forms of intimidation invalidate consent.
- Addressing whether alcohol, age, and/or any power dynamics were at play during the alleged incident(s) and impacted consent.
- Establishing how the prosecution interprets consent versus how you and the alleged victim did during the incident.
Proving a Lack of Physical or Forensic Evidence
While a lack of evidence may seem discouraging at first, there are instances where it can be absolutely invaluable.
These include:
- When there have been no medical findings to indicate that a sex crime occurred.
- When evidence has been improperly handled, tampered with, or acquired outside of the proper channels.
- When there are issues caused by a delay in reporting the allegations to law enforcement.
Illegal Searches or Rights Violations
Just because the prosecution and police officers work to enforce the law does not mean they are above it. Every individual has the right to a fair trial, and violations of other rights during the arrest or search process can threaten their access to a fair trial.
Potential violations include:
- Performing unlawful phone searches. Law enforcement officers are required to have an official warrant to search your phone, and even then, they may only be given the right to check certain apps or activity. Straying outside of these permissions is a violation of your rights and their warrant.
- Failing to Mirandaize the defendant correctly and at the right time. If you have not been informed of your rights prior to certain events, this can be considered a violation of your rights.
- Implementing unlawful and improper interrogation tactics. This can include committing police brutality or denying you access to basic rights and/or needs.
Defending Against False or Exaggerated Allegations
Defending against false domestic violence accusations or false sex crime accusations in Arizona can quickly become a complex and time-consuming endeavor. Whether the allegations against you are exaggerated or outright false, it can be extremely difficult to prove this without the help of a skilled sex crimes lawyer.
While exaggerated allegations may be caused by a misunderstanding of consent between two individuals, false accusations can happen for many reasons. Though it is rare, a stranger can accuse you of committing a sex crime against them, but it is far more common for these allegations to be made by someone you know, or even a member of your own household.
If the latter is true for you, you will likely be facing domestic violence charges in addition to the sex crime allegations. Domestic allegations may occur in an effort to get something out of a divorce, prevent a spouse from shared or full parenting time, or even as an act of retaliation.
Getting an early start on gathering evidence and building your defense can help you avoid being caught unaware and unprepared. Early preparation with a skilled defense attorney can help you strengthen your defense, allowing you to truly share your side of the story in a compelling and clear way.
Sex Crime Investigations vs. Formal Charges
It is important to remember that just because you have been accused of a sex crime does not mean you have been formally charged. An investigation must take place prior to any charges being filed against you. Learning about the differences between a sex crime investigation and the filing of sex crimes charges can help you anticipate what to expect when facing a sex crime investigation.
The Investigation
- Reporting – Once a sex crime accusation has been reported, the police are legally required to investigate it. This starts the overall investigation process.
- Gathering of Evidence – This stage of the investigation requires that police collect victim statements, order medical exams/sexual assault kits. gather DNA samples, conduct forensic analyses, and review any potential electronic evidence. For evidence belonging to anyone other than the victim, or evidence voluntarily provided by others for use in the case, they must first obtain a warrant.
- Your Rights – While you may be contacted by law enforcement officers, you have the right to have your lawyer present, even if you have not yet been charged. It is essential that you do just that, as your lawyer can help protect you from having your words misused, misunderstood, or manipulated against you.
The Filing of Charges
- Initiation of Charges – If there is sufficient evidence to back the allegations reported against you, the prosecution can file a direct complaint against you or seek a Grand Jury indictment.
- Arrest – A warrant is usually issued for your arrest, or a summons to appear may be filed. This is your chance to contact your lawyer again and turn yourself in.
- Defense – After your arrest, your sex crimes attorney will continue to build your defense. They will represent you during any negotiations, advocate for you during preliminary hearings, and present your defense during your trial.
Potential Consequences of a Sex Crime Conviction in Arizona
It is essential to secure the best chance at a favorable outcome in your sex crimes case by hiring a sex crimes attorney.
A conviction can result in consequences, including:
- Jail or Prison Time – Being sentenced to jail or prison is a common occurrence for those convicted of a sex crime.
- Registry as a Sex Offender – You will most likely be required to register every year for the rest of your life.
- Employment and/or Housing Limitations – Depending on the level of sex offender you have been assigned, you may be required to keep a certain distance from schools and other establishments. It will also be more difficult to find employment with a conviction on your record.
- Family Court Consequences – It is common for those convicted of a sex crime to face difficulties when trying to avoid divorce and/or maintain rights to see their children.
Why Hiring the Right Sex Crimes Defense Lawyer Matters
Hiring the right sex crimes defense lawyer could be the difference between a life behind bars and a future full of freedom. When you choose a skilled criminal defense lawyer, you have the benefit of decades of experience with local prosecutors to strengthen your case. An attorney’s understanding of potential jury biases can also be helpful as they work to manage your reputation with discretion. Your lawyer can also help you with coordinating your criminal and family law court schedules.
What to Do If You’re Accused of a Sex Crime
Remember these four tips when facing sex crime accusations:
- Never, under any circumstances, speak with the police without your lawyer present.
- Preserve any communication between you and your accuser.
- Avoid contact with your accuser at all costs.
- Call a sex crimes lawyer immediately, even if you have yet to be formally charged.
Accused of a Sex Crime? Your Defense Starts Now
At The Valley Law Group, we believe in protecting your privacy and upholding confidentiality. Contact us 24/7 to set up a consultation and learn how our skilled sex crimes lawyers can help you. Our offices are located across Phoenix, Scottsdale, Gilbert, and Peoria and are staffed with experienced criminal lawyers prepared to help you protect your rights, reputation, and future.
Jon McCarty has broad experience in a wide variety of criminal defense and family law matters. After graduating from the University of Illinois College of Law with the highest honors, Jon served as Law Clerk to The Honorable David Briones in the United States District Court for the Western District of Texas. After running a successful practice of his own for many years, Jon relocated to Maricopa County where he has continued to strive for excellence through aggressive yet compassionate representation of each client. Jon has been named to the list of Super Lawyers in the area of family law multiple times, and has been recognized for his outstanding commitment to Equal Access to Justice through providing pro bono representation to numerous clients.