In Arizona, the state can classify a sex crime as a “dangerous crime against children.” This allegation is used in cases where the alleged victim is under fifteen years of age or the suspect holds a position of trust as a doctor, schoolteacher, or clergy. If convicted of a dangerous crime against children, you must serve your prison time day for day meaning that you are not entitled to earned release credits or release on parole/community supervision. Additionally, if you are convicted of multiple offenses after trial, the sentences must be served consecutively.
What Determines Whether A Sex Crime Is Considered A Felony Or A Misdemeanor?
Whether a sex crime is deemed a felony or a misdemeanor depends on the nature of the charges and other factors such as the age of the victim, the nature of the sexual contact alleged, and the intent of the alleged perpetrator. Normally, misdemeanors are crimes where the law ascribes a sentence of up to one year in jail. Because the sentences are shorter, the crimes that are classified as misdemeanors tends to be less severe (i.e. indecent exposure where the victim is an adult).
What Are The Differences Between State Level And Federal Level Sex Crimes?
Put simply, state prosecuting agencies such as the Arizona Attorney General’s represent the state in cases arising under state laws. By contrast, the Department of Justice through the United States Attorney’s Office represents the United States in federal cases, meaning they arise from federal law created by Congress. Occasionally, federal and state law may overlap in a certain area, allowing both federal and state prosecutors to pursue the case.
Can You Briefly Describe The Social Stigma Attached To Being Charged With A Sex Crime?
Statistics show that crimes with the highest likelihood of criminal conviction are child sex crimes, homicides, and driving under the influence, with child sex crimes having the probability of conviction. It is important to have a seasoned criminal defense attorney who can ensure that juries are properly instructed about the standard of proof in criminal cases given the stigma attaching to sex crimes.
What Are Someone’s Rights After They Have Been Arrested For A Sex Crime??
When arrested for a sex crime, it is generally in your best interest to delay answering questions until your defense attorney is present. As the Miranda warnings make clear, you have the right to remain silent and you have the right to have an attorney present with you prior to and during questioning. These rights arise when you are placed under arrest or your freedom of action is deprived in any significant way.
Is It A Good Idea To Retain An Attorney Before Arrests Or Charges Are Even Made?
Hiring an attorney prior to there being a formal arrest would be advisable, especially if you know that there has been a report made. That way, if you are arrested, and taken into custody, you have an attorney that you can call directly. The attorney can begin gathering facts while witnesses still have a good memory of the incident. If you are concerned that these steps will make you look guilty, don’t be. At trial, the prosecutor would be out of line if she commented on a pre-charge consultations with your attorney.
For more information on Sex Crime Cases In Arizona, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (602) 794-4480 today.