Persons accused of a crime often face a public bias that anyone who was arrested must be guilty, and this bias is even more pronounced when it comes to sex crimes, even though police may have arrested the wrong person or pressed the wrong charges. There is a world of difference between being charged and being found guilty, yet long before a trial has even begun, persons charged with sex crimes face consequences with their family, friends, employer and the community. You could even lose custody of your kids in a divorce or other family law proceeding.
If you’ve been arrested on an Arizona sex offense, take action immediately by calling our Phoenix sex crimes attorney at Blumberg & Associates in Phoenix. We’ll work to see that a false accusation doesn’t destroy your life and that you achieve the best result possible in your given circumstances. Arizona criminal law specialist Bruce Blumberg provides sensible, discreet and assertive defense across the array of Arizona and federal criminal sex offenses, including:
Sexual assault or other violent offenses with a sexual motivation
Sexual molestation of a child
Sexual conduct with a minor
Internet child pornography or solicitation offenses
Public sexual indecency
Are there any defenses to sex crime charges?
The police may tell you it’s in your best interests to quickly and quietly cooperate (“confess”) and avoid the embarrassment of a public trial or other publicity. They aren’t trying to do you any favors; a statement from you is easiest for them and is their best-case scenario. While it may be in your best interest to plead guilty, after extensive investigation and legal work by your attorney and staff, in some instances, it may also be in your best interest to fight the charges against you and exonerate your name. After consulting with an experienced criminal defense attorney, you’ll know better what your options are and what your best course of action is. The fact is, there are often strong, viable defenses against sex crime charges, including:
Consent/Misunderstanding – Sexual assaults definitely happen, including several thousand per year in the state of Arizona, but in some cases, parties may have radically different views of the nature of a sexual encounter. For instance, one party may have thought the act was consensual, while the other party did not explicitly consent, withdrew consent, or did not have the capacity to consent due to intoxication or other reasons. Following a consensual encounter, one party may feel embarrassed or angry and make inaccurate statements to family, friends or the police. We stand strong for our clients in the face of false accusations or misunderstandings.
Misidentification – People are sometimes arrested for a sex crime because they match the general physical description of a suspect. Being in the wrong place at the wrong time can lead to an arrest and a chain of events that can be very hard to escape from without detailed investigation and effective representation from a lawyer who specializes in criminal defense.
Entrapment – Undercover sting operations to round up prostitutes and johns are popular police activities in Phoenix, Tempe, Mesa and throughout the Valley. Some aggressive stings do more than just present the opportunity for a sexual encounter; many times, they cross the line and entice people into doing something they otherwise had no intention of doing.
Sex crime charges can be embarrassing if made public, and some carry extremely harsh penalties if convicted. The police and prosecutors want you to plead guilty so they can quickly clear the case, and they’ll use these facts about sex crimes to pressure you into taking a plea. However, it may be in your best interest to fight the charges, including going to trial. Don’t let yourself get pressured into a guilty plea when you have the constitutional right to get advice from an experienced criminal defense attorney. If you do decide to plead guilty, do it with the help of an experienced lawyer who can make sure you actually get a good deal and avoid the harshest punishments that can be thrown at you, including a lifetime on the sex offender registry.
WHAT IS THE ARIZONA SEX OFFENDER REGISTRY?
Conviction of any one of 22 separate offenses can land you on the Arizona Sex Offender Registry for the rest of your life. These offenses include including kidnapping or unlawful imprisonment of a minor; sexual assault, including of a spouse; or conviction of a third offense for indecent exposure or public sexual indecency, among others. You can also be placed on the sex offender registry for conviction of a non-sexual offense if there was a finding of “sexual motivation.”
If you’ve been sentenced to probation for one of these offenses, or you’ve been released after serving a prison sentence, your name will be added to a website database of sex offenders accessible to the public. Also, the county sheriff will notify the community where you live based on your “assessed risk level.” Community notification includes distributing a flyer with your picture and address on it to the surrounding neighborhood, area schools, community groups, prospective employers and the local media.
Failing to register with the county sheriff, including within 72 hours after moving to a new location, is a Class 4 felony.
GET HELP WITH SEX CRIME ARRESTS IN PHOENIX, ARIZONA
Bruce Blumberg is an experienced and successful Arizona criminal defense attorney who specializes in criminal law and who will approach your case with sensitivity, sound advice and effective representation. For help with a sex crime arrest in Arizona, call Blumberg & Associates in Phoenix at 602-277-6180.