According to A.R.S. 13-1410, Child molestation happens when an individual engages or causes someone to engage in sexual contact with someone under 15 years old. According to Arizona, the sexual contact does not involve contact with the female breast. If you are accused of child molestation, contact us at Maasen Law Firm today. You have only been charged with this crime not convicted. Let’s start on building your defense today.
Possible Punishment for a Child Molestation Conviction
Child molestation is considered a class two felony. In addition, it is on the Dangerous Crimes Against Children (DCAC) list. Thus, if you’re convicted of this sex crime, you face:
- 10 years to 24 years in prison.
- 17 years presumptive in prison.
If you have predicate felony conviction, which includes other serious felonies or a prior DCAC, you face:
- 10 years to 35 years in prison.
- 28 presumptive years in prison.
Any DCAC conviction requires you complete 100 percent of the prison sentence before being released. If you are convicted of two counts of child molestation, you face harsher penalties. These sentences must be completed consecutively. For instance, you would face a minimum of 20 years in prison.
You must also register as a Sex Offender for the rest of your life. You can have no contact with any children under the age of 18 years old—including your own children. If you are allowed to have contact with any children, you must go undergo numerous tests.
Click here if you haven’t been charged with child molestation, but you know the police are investigating allegations.
Child Molestation Possible Defenses
There are different defenses we can use depending on the facts of the situation and age of the individual. For instance, one defense is to challenge knowledge of the age of the individual. Some clients did not know at the time the individual was under 18 years old. This challenges the “knowingly and intentionally” part of the A.R.S. 13-1410 requirement.
Another defense is outlined in Defenses Statute A.R.S. 13-1407 which negates the sexual gratification element of the charge. With this defense you can challenge the state’s claim that you were motivated by any sexual interest.
We can also challenge any statements made by you to the police. For example, the Miranda rights violation is an option when you were coerced, tricked or intimidated in some way by law enforcement to make a confession or misleading statement. In many situations, when your Miranda rights are violated any statements are found inadmissible. Inadmissible refers to the prosecution not being allowed to use any statements against you.
If you need any help defending against a child molestation charge or any sex crime, contact us at our Maasen Law Firm. We will answer any questions and concerns you have about defending your case. We’re available any time of day and will start fighting for you immediately.
- What is the one thing you liked best about working with Maasen Law Firm? That he was polite, to the point and driven by results.
- Would you recommend a friend or colleague, if so why? I did recommend my attorney to a friend, because I was really impressed by his results and professionalism.
Scott, just a quick note to thank you for all the time and energy you spent last week on my son’s behalf.
I contacted the Maasen law firm because I was in a legal jam. They made me feel important and that my case would be taken care of and that put my mind at ease.