Sexual Assault An experienced team dedicated to helping people get out of trouble.

Arizona Sexual Assault Defense Lawyers

Fighting Rape Charges in Tempe

In Arizona, a sexual assault conviction carries harsh penalties. A first offense is punishable by a maximum of nearly a decade and a half in prison. Additionally, it is one of the 20 crimes that requires a person to register as a sex offender. If a judge or jury finds you guilty, you must periodically report to your local law enforcement agency to provide your personal identifying information, which then gets distributed to the public. Thus, a lot is at stake in a sexual assault case, which is why it's necessary to aggressively challenge the accusation with the help of a lawyer who knows the system and how to build solid defenses.

At Oliverson & Huss Law PLLC, our Arizona sexual assault defense attorneys will deliver the sound counsel you need from the beginning of your case until its conclusion. Our firm consists of a team that knows the judicial processes well. Attorneys Derek Oliverson and Jeremy Huss have served as former prosecutors, and Derek is also a former police officer and judge. Because we work together on every case we handle, when you choose us, you will benefit from our combined knowledge, skills, and abilities. Your case will be in capable hands, and we will work closely with you to seek a favorable result.

Take the first step in protecting your future by contacting us at (480) 351-2228 today. Your initial consultation is free.

What Is Sexual Assault?

Also referred to as rape, sexual assault is a crime that occurs when a person has sex with another without consent. For their actions to be considered an offense, the actor must have engaged in the unwanted conduct knowingly or intentionally.

According to A.R.S. § 13-1401, "without consent" means:

  • The actor used or threatened to use force to coerce the victim;
  • The victim could not give consent because of their mental state – for example, they had a mental disorder or were under the influence of drugs and/or alcohol;
  • The actor intentionally used deception to get the victim to comply; or
  • The victim was tricked into believing the actor was their spouse

What Are the Penalties for Sexual Assault?

Arizona Revised Statute § 13-1406, the law concerning sexual assault, provides that the offense is a felony. The exact punishments a court can levy depend on the nature of the crime.

Generally, the conviction penalties for rape are as follows:

  • First offense:
    • Minimum: 5.25 years of imprisonment
    • Presumptive: 7 years of imprisonment
    • Maximum: 14 years of imprisonment
  • With one prior felony conviction:
    • Minimum: 7 years of imprisonment
    • Presumptive: 10.5 years of imprisonment
    • Maximum: 21 years of imprisonment
  • With two or more prior felony convictions:
    • Minimum: 14 years of imprisonment
    • Presumptive: 15.75 years of imprisonment
    • Maximum: 28 years of imprisonment

If the offense was committed by administering a date rape drug to the victim, the terms of imprisonment are increased by 3 years. For instance, if a person allegedly gave someone Rohypnol without their consent or knowledge and had non-consensual sex with them, the minimum sentence a court may impose is 8.25 years. The presumptive sentence is 10 years, and the maximum is 17 years.

The prison sentences could be even lengthier if the victim was a minor 12 years of age or younger, as the offense is then considered a dangerous crime against a child.

In such cases, the prison sentences are as follows:

  • First offense:
    • Minimum: 13 years
    • Presumptive: 20 years
    • Maximum: 27 years
  • With a previous felony conviction:
    • Minimum: 23 years
    • Presumptive: 30 years
    • Maximum: 37 years

If the actor intentionally or knowingly caused the victim to suffer serious physical injury, they can be sentenced to life imprisonment. A court can also impose a lifetime prison sentence in cases in which the victim was under 12 years of age, regardless of whether injury resulted.

Reach Out to Oliverson & Huss Law PLLC Today

If you’re facing rape charges, speak with our sexual assault defense lawyers in Arizona about your case. We will diligently review the facts of your circumstances to spot weaknesses of proof and identify available defenses.

Call us at (480) 351-2228 or contact us online.

Why Oliverson & Huss

What you can expect when you hire our team. 
  • Over 40 Years of Collective Experience

    Over the length of their careers, the attorneys at Oliverson & Huss have helped thousands of people successfully fight their criminal charges.

  • Former Prosecutors & a Former Judge

    As former prosecutors, police officers and judges, our attorneys have experience on all sides of the law. This special insight allows them to better defend your case.

  • Highly Communicative & Responsive

    Our attorneys will work closely with you, diligently keeping you fully informed and updated on your case from beginning to end.

  • Team Approach to Your Case

    At Oliverson & Huss, you get access to three experienced attorneys who work together to achieve the best possible result for you.

The Power of a Team

When it comes to defending our clients, we believe two heads are better than one. When you hire us, you get a team of attorneys who will look at your case and offer their perspective in an effort to get you the best possible result.   

Award-Winning Criminal Defense Firm

  • Expertise
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  • ASLA
  • NACDA
  • AATA
  • 10.0 Avvo

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