Child Molestation Defense
A child molestation accusation can have an instant and substantial impact your life. The stigma associated with such an accusation can cause family, friends and even employers to distance themselves from you even if you haven’t been formally charged.
While any accusation of child molestation should be taken seriously, the unfortunate truth is that people with ulterior motives, such as an ex-spouse willing to go to the extreme to obtain full custody, may fabricate an accusation to undermine the other spouse’s credibility.
Sexual Contact with a Minor in Arizona
Child molestation is defined by Arizona state statutes 13-1405 and 13.1410 as intentionally or knowingly engaging in sexual activity with a child under the age of eighteen. Additionally, if these actions occur when the child is under the age of fifteen, it is considered a Dangerous Crime Against Children and the punishments are harsher. This is also the case when the adult committing these acts is in a position of trust with the child, such as a parent, step-parent, or teacher.
Consequences of a Child Molestation Charge
Due to the long-term ramifications of sexual abuse for children, the State of Arizona has aggressive sentencing guidelines for crimes involving children. Once officially charged, defendants are classified as “non-bondable” and will remain in jail until the case has been resolved. The potential punishments of a conviction vary based on the specifics of the charge and age of the victim when the crime occurred.
- Victim is less than 12 years old: Life imprisonment, must serve a minimum of 35 years.
- Victim is 12-15 years old: Class 2 or 3 felony.
- Victim is 15 to 18 years old: Class 5 or 6 felony (except in cases where the accused is a person of trust then it is a class 2 felony and they are not eligible for early release).
- A previous felony conviction can add an average of 10 years to a sentence. If there are more than 2 felonies on record, the defendant can face life in prison.
In addition to any jail time to be served, convicted offenders are not eligible for probation unless the charges are reduced to “attempted molestation of a child” and any conviction will require the offender to register as a sex offender.
The Kyle T. Green Approach to Child Molestation Defense
As a former prosecutor with significant jury trial experience, I know first-hand how prosecutors look at child molestation cases and I know the best ways to defend someone from these serious charges.
The prosecution will try to establish a pattern and paint a picture about the accused that can be very misleading and designed to stir up emotional reactions from the jury. Prosecutors will look to experts to explain to the court what the common characteristics of sex offenders are. Testimonies like these either need to be precluded from the trial or thoroughly cross-examined by an experienced, aggressive criminal defense attorney to make sure any testimonies presented also tell your side of the story and are based on facts, not emotions.
A thorough defense will also include an investigation into everyone connected to the alleged victim. An experienced criminal defense attorney will be able to uncover ulterior motives, conflicting testimonies, and false allegations.
This is your life – let’s work together to defend it. Schedule a free case review by submitting the contact form or call me at 480-331-7568.