Arizona Child Molestation Allegations
Child Molestation in Phoenix Arizona
Child abuse occurs within all religions, at all levels of education, at every socio-economic level, and without regard for ethnic or cultural lines. According to the National Association of Adult Survivors of Child Abuse, there are more than 42 million survivors of child molestation in the United States. It is believed that at least 90 percent of child sexual abuse victims know the offender in some way. Child and teen victims of sexual abuse have a 42 percent increased risk of suicidal thoughts during their adolescence. Facing false accusations of a sex crime in Chandler, Scottsdale, Tempe, Gilbert, Meza or the greater Phoenix metro and Maricopa County?
Obviously, nobody condones child molestation. In some cases, however, there may have been a false allegation, or the true facts might not have all come to light. Since a conviction for child molestation could leave you facing decades in prison—along with other consequences that can be lifelong—it is important that you speak to a knowledgeable attorney from the Ciccarelli Law Offices as quickly as possible.
Why Should You Choose the Criminal Defense Attorneys from the Ciccarelli Law Offices?
Following charges of child molestation, it is imperative that you do not wait, hoping the charges will somehow go away. Even if you are unequivocally not guilty of the allegations, you still need a solid legal team standing with you during the entire process. No criminal offenses are prosecuted more aggressively than crimes against children.
Such crimes are on the rise, and, unfortunately, even prior to a trial and conviction you may be judged “guilty” by law enforcement and society. If you are looking for the best outcome, the best legal strategies, and the best options, the sex crimes defense attorneys of Ciccarelli Law Offices have successfully represented those in Chandler, AZ. We understand that you have many choices; we hope you will choose Ciccarelli Law Offices for your child molestation defense for the following reasons:
- We are 100 percent dedicated to fighting for those whose liberty is on the line.
- Lee Ciccarelli has been recognized as:
- Super Lawyer
- Top 100 Trial Lawyer by the National Trial Lawyers Association
- Ten Best Client Satisfaction Award by the American Institute of DUI/DWI Attorneys
- Having a 10.0 rating by AVVO
- One of the Top 100 Litigation Attorneys by the American Society of Legal Advocates
- We will carefully review the case against you, finding each and every hole in the case, showing the jury the many reasons for reasonable doubt.
- The team approach used at Ciccarelli Law Offices ensures there will be multiple sets of eyes reviewing your allegations, looking for anything that can be used in your defense.
- We are staunch advocates for the preservation of constitutional rights before, during, and after an arrest.
- Our reputation for successful defense strategy tactics, along with our dedication to our clients makes us the Chandler, AZ criminal defense attorneys of choice for those facing serious felony criminal charges like child molestation.
What is Child Molestation Under Arizona Law?
According to A.R. S. Section 13-1410, when a person intentionally or knowingly engages in any form of sexual contact with a child under the age of 15, child molestation could be charged. As a Class 2 felony that carries extremely serious penalties including decades in prison and the requirement to register as a sexual offender for the remainder of your life, obtaining strong legal counsel is essential.
Under this statute, “sexual contact” can refer to any contact with genitals, touching, or fondling. Sexual contact with only the female breast will not be charged as child molestation but is nonetheless criminalized as sexual abuse.
If actual sexual intercourse or oral sex occurs between an adult and a child under the age of 15, the charges can be elevated to sexual conduct with a minor—a charge that has even harsher penalties than child molestation. Pursuant to A.R.S. 13-705, child molestation is a Dangerous Crime Against Children (DCAC) offense.
What Are the Penalties for Child Molestation?
While the general penalties for a Class 2 felony in the state of AZ would be a range between 3 and 12.5 years, DCAC dictates that you will be sentenced under A.R.S. 13-705, making the penalties for a conviction of child molestation:
- A minimum of 10 years in prison
- A presumptive term of 17 years in prison
- A maximum sentence of 24 years in prison—unless the child was under the age of 12
- No possibility of probation
- Mandatory sex offender registration required
- Significant fines
- No early release or parole
More specifically, your sentence will depend on the age of the victim:
- If the child was under the age of 12, you will be sentenced to 35 years in prison, if convicted
- If the child was between the ages of 12 and 14, your sentence range is 10-24 years, if convicted
- If the minor was between the age of 15-17, there is no mandatory sentence, but you would likely go to prison if convicted.
- If this is a second offense, the time in jail will increase
What Are Common Defenses for Child Molestation?
The defense chosen by your criminal defense attorney from Ciccarelli Law Offices will be specifically tailored to the facts and circumstances surrounding your charges. Some of the more common legal defenses used for allegations of child molestation include:
- The allegations are false—All too often, child molestation charges are leveled during pending divorce or child custody cases. This can be an effort to retaliate against the charged individual, or an effort to gain the upper hand during a child custody case.
- There were mistakes made in the forensics used in the investigation—Evidence was not properly collected, the chain of custody was broken, samples were mislabeled, or other types of mistakes were made. In particular, there could be an issue with how the DNA evidence was collected or tested.
- Your Miranda rights were violated—Once arrested, law enforcement must “Mirandize” you, reading your rights that say you have the right to remain silent to avoid incriminating yourself and you have the right to an attorney.
- You were denied your right to an attorney—If you ask for an attorney, law enforcement should stop questioning you and allow you to contact an attorney.
- The identification process was flawed—the child might have been coached or “persuaded” to pick one person over the others out of a lineup.
- The interview process with the child was flawed—the child was coached by a parent or another adult prior to the interview or was “led” by the forensic interviewer or law enforcement.
- Evidence was obtained without a valid search warrant, which would make that evidence inadmissible.
Facing Child Molestation Charges in Arizona? We Can Help!
If you are facing child molestation charges in Phoenix, Chandler, or anywhere in Arizona, you need to take these allegations very seriously. Child molestation and other crimes against children are life-changing charges that could ruin your entire life if you’re convicted. Don’t trust your future to just anyone. At Ciccarelli Law Offices, our Arizona Criminal Defense lawyers have the experience and resources needed to win your case.
Call a Phoenix Sex Crimes Attorney Today
If you or somebody you love is facing accusations or charges of Child Molestation in the greater Phoenix metro area, Maricopa County including but not limited to Chandler, Tempe, Scottsdale or Gilbert, you need to contact an attorney immediately. Not any attorney will do, and you likely need a team of Smart, Experienced, Aggressive, determined lawyers that fight back at child sex crimes and discuss you or your loved one’s possible defenses and strategies. Call now. Now is the time for action and the time for Lee Ciccarelli and his team.
Do not speak to law enforcement officials or prosecutors until you have legal counsel by your side. At the Ciccarelli Law Offices, our team has a track record of success helping clients get through incredibly complex criminal defense cases. We know that the stakes are high, and we will use all of our resources to ensure you are treated fairly. When you need a Maricopa County sex crimes attorney, reach out to our team today. We are determined to fight for our clients. It’s in our DNA to have your back and your Success is Our Mission.