If you are facing rape charges in Arizona, you need a seasoned Phoenix rape lawyer and sexual assault attorney to help you protect your future. A conviction of rape or sexual assault in Arizona will not only send you to prison. It will also send your reputation plummeting to the lowest possible levels. You will carry the stigma of having committed a depraved sex crime with you throughout the remainder of your life. We understand how it feels to be wrongfully accused of a sexual crime. The impact this can make on you heavily affects how you live your life. We are here and we can help you get through.
Attorney Howard Snader is a former prosecutor who is now an Arizona board-certified specialist. He understands how challenging it is to deal with a sex crime in Arizona, and he will strive to provide you with a strong defense for your case. Schedule a consultation with us, and together, let us plan your best defense!
Why Do I Need a Phoenix Rape Defense Lawyer?
In Arizona, sex crimes, including sexual assault, rape, statutory rape, sexual abuse, child pornography, or any acts of sexual exploitation, are considered grave crimes. Those facing sex crime charges face serious consequences, including
- Hefty fines
- Lengthy prison sentences
- Permanent criminal records.
The state laws governing criminal defense can be challenging to understand and even harder to defend yourself against. If you have been charged with sexual assault or rape, it is highly advisable to seek legal advice from a skilled Phoenix sexual assault defense attorney to help you protect yourself, your freedom, and your future.
At Snader Law Group, we have extensive years of expertise defending our clients against sex crime charges. Our dedicated legal team understands the complexities of criminal defense law. We will help you plan the strongest possible defense strategy against your rape or sexual assault case. We will successfully fight to protect your rights.
Call us now to schedule a free initial consultation and learn more about your legal options.
How is Rape Defined in Arizona?
In Arizona, rape is any forced sexual activity between two people without the consent of the party being forced. It doesn’t matter whether they are male or female, strangers or acquaintances, married or romantically involved.
Sexual assault is similar. However, it involves threatening another person to cause the person to submit to unwanted sexual intercourse out of fear.
Lack of Consent
Generally, lack of consent is the main element of rape. However, revised laws recognize that victims do not need to explicitly show their unwillingness to be involved in sexual contact by trying to fight an attacker physically. In most states, rape occurs in many different ways.
If a sex offender uses violence to coerce a victim into sexual intercourse, forcible rape occurs. In some cases, a rapist poses as a public official and threatens to arrest or deport the alleged victim unless they agree to sexual intercourse. In addition, rape happens if the victim has a disability or disorder preventing them from giving consent to sexual intercourse. It also occurs if the attacker used drugs or alcohol to prevent the victim from resisting the violent act.
How is Sexual Assualt Defined in Arizona?
Sexual assault is similar. However, it involves threatening another person to cause the person to submit to unwanted sexual intercourse out of fear. In Arizona, sexual assault is defined as knowingly or intentionally engaging someone in sexual activity without that person’s consent.
A sexual assault case involves several specific crimes and actions. A person could commit sexual assault through threats, intimidation, deceit, coercion, drugs, or use of force. Furthermore, this dangerous crime also happens through inappropriate sexual intercourse, oral sexual contact, sexual touching, child molestation, sodomy, rape, and statutory rape. If you have been accused of rape or sexual assault, seek legal help from a credible Phoenix sexual assault and rape lawyer immediately for in-depth counsel and support.
Presumption of Innocence
The “presumption of innocence” is one of the fundamental tenets of our legal system. It means that from the moment you’re arrested, you are considered innocent until proven guilty in a court of law. This principle ensures fairness and integrity within the judicial process.
Just because charges have been brought against you does not mean it’s a lost cause or your future has been decided already. Just remember that an accusation or charge doesn’t equate guilt, and there is help available.
While this presumption should theoretically prevent unfair treatment prior to your day in court, it’s an unfortunate reality that this isn’t always the case, as people often make up their minds about someone before they know the full story. Always work with an experienced criminal defense attorney to try to prove your innocence.
False Accusations
False accusations of rape and sexual assault occur all too often. Some allegations of this nature are fabricated or exaggerated. False accusations may come from a person who is angry, frightened, or confused. Sometimes people target celebrities or government officials, or a former lover or divorcing spouse might bring a false sexual assault charge as a means of revenge or gain full custody of a child by discrediting the other parent.
Documentation or proof that supports your contention that the allegations being fabricated or entirely made up can be collected, including text messages, emails, video footage, or reliable witnesses who can vouch for what actually happened.
When you’re facing rape allegations, nearly every aspect of your life is at risk. It is human nature to want to defend yourself, especially when you did not commit the crime you are being accused of. Do yourself a favor and hire a competent rape defense attorney in Phoenix, AZ.
What To Do If You’re Arrested For Rape
Being arrested for rape is a frightening experience, and knowing what to do in such situations is crucial. Here are your initial steps:
Exercise Your Right To Remain Silent
Your first move should be to assert your right to remain silent until you have legal counsel present. Once detained, officers must inform you of this right – known as Miranda Warnings – before starting any official questioning.
Ask For A Lawyer Immediately
You also have the right to legal representation when dealing with law enforcement. If arrested or interrogated, ask for an attorney at once and refrain from answering questions without their presence or guidance.
Be Respectful and Cooperative – To an Extent
It’s always advisable that interactions with officers remain respectful and cooperative throughout the process. Acting aggressively could further complicate matters. This doesn’t mean you have to tell the police anything about the alleged crime; it simply means stay calm, don’t raise your voice, and just wait for your lawyer.
Do Not Contact The Alleged Victim
Reaching out to an accuser – even if you believe that you are acting in a friendly or conciliatory manner – can lead to additional charges, such as stalking, harassment, or witness intimidation charges. It’s recommended that all contact with the alleged victim be ceased immediately, as there is nothing good that can come from your reaching out.
Refrain From Discussing Your Case
It’s essential not to disclose any details about your case or incident with anybody – including friends, family members, and fellow inmates if you’re detained. This also means no speaking about the offense on the phone if you’re detained, as conversations are typically recorded.
Social Media Silence
Refrain from referencing or discussing your case on social media platforms as well. Everything publicly shared can potentially be used as evidence against you in court.
These first steps could have a significant impact on your defense and the final outcome of proceedings. If you only remember one thing, remember to speak with a Phoenix criminal defense lawyer right away.
What Happens If I’m Convicted as a Sex Offender in Arizona?
As a convicted sex offender, the court will require you to register your whereabouts everywhere you live. And that information will be freely available to the public.
You will face restrictions regarding living in certain areas and working at certain types of jobs. It will be challenging to find any kind of work at all, and as a convicted felon, the law will bar you from many housing options, and you will lose your right to vote, hold public office, and own a gun. Perhaps the worst consequence of a rape conviction is the label that will follow you as long as you live, wherever you go: RAPIST.
Don’t allow this to happen to you. Just because you face rape charges doesn’t mean you should sit back and wait for a conviction without resistance. Fight with every means at your disposal to clear your good name and stay out of prison. Get the best rape and sexual assault defense lawyer Phoenix has to offer, one who is an Arizona Bar Board Certified Criminal Law Specialist. Let the Snader Law Group fight for you.
Possible Defenses Against Sexual Assault and Rape Charges
In Arizona, look for a board-certified criminal law specialist who has met rigorous criteria to receive this prestigious designation. As a Board Certified Specialist, your Phoenix rape defense lawyer will understand the nuances of Arizona state law about sex crimes. He will also know how the criminal justice system works. As a result, he will use this knowledge to your advantage when seeking the most favorable outcome for you, allowing you to move on with your life without prison time and the stigma of a sex crime conviction.
Some of the possible defenses your Phoenix rape and sexual assault attorney can use to fight sexual assault charges and rape charges include:
- Presenting an alibi that proves you were elsewhere when the crime took place
- Proving that you were physically incapable of performing the alleged sex act, for example, due to impotence
- Showing that the alleged victim made an error in identifying you as the attacker
- Asserting that the alleged victim consented to the sexual act (provided that the person was not a minor, mentally impaired, drugged, drunk, unconscious, or otherwise without the legal capacity to consent to sex)
Hire a Top-Rated Arizona Rape Defense Lawyer
In the Phoenix/Scottsdale area of Arizona, a top choice when you are facing rape or sexual assault charges is attorney Howard A. Snader, LLC. He is a former prosecutor and a Board Certified Criminal Law Specialist since 1995, who has earned the highest possible AVVO rating by his legal peers—10 (Superb). Howard has secured favorable results for hundreds of clients in the course of his long career, including:
- Preventing charges from being filed
- Having the court dismiss your charges
- Having the court reduce your charges
- Winning full acquittals at trial
He is relentless in his pursuit of the best outcome the law allows for each and every client he represents. Moreover, he is able to provide you with the aggressive and passionate defense that is most likely to ensure the least disruption of your life, your reputation, and your future, regardless of the nature of the charges against you. So don’t wait. Contact our Arizona criminal defense law firm now. Call Howard Snader now, and don’t speak with any law enforcement official until he is at your side.