Sexual Assault Charges in Arizona

Rape in Arizona is prosecuted under our Sexual Assault statute pursuant to Arizona Revised Statutes (A.R.S.) § 13-1406.  Sexual Assault charges are some of the most serious criminal charges in Arizona’s criminal code.

To prove that you committed Sexual Assault for a violation of A.R.S. § 13-1406 the State will need to prove that you intentionally or knowingly engaged in sexual intercourse or oral sexual contact with any person without their consent.

Sexual intercourse and oral sexual contact are both further defined.

Sexual intercourse is defined by A.R.S. § 13-1401(4) as penetration into the penis, vulva, or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.

Oral sexual contact is defined by A.R.S. § 13-1401(1) as oral contact with the penis, vulva, or anus.

For Immediate Help

Punishment for Sexual Assault

As with most sex offenses in Arizona, the punishment for Sexual Assault for rapes in Arizona varies by the age of the alleged victim.  Regardless of the age of the victim, Sexual Assault is always a Class 2 Felony.

If the victim is 15 years or older, then a conviction for Sexual Assault requires a mandatory prison sentence of 5.25 to 14 years in prison.  This is a flat sentence, meaning you serve every day of the sentence without the possibility of release.  Sex offender registration is mandatory.

If the victim is between 13 and 14 years of age, then a conviction for Sexual Assault for a violation of A.R.S. § 13-1406 requires a prison sentence of 13-27 flat calendar years.  Again, sex offender registration is required.

If the victim is 12 years old or younger then a conviction carries a life sentence with mandatory sex offender registration and no possibility of release until 35 years have passed.

Probation is not available for any conviction for Sexual Assault for a violation of A.R.S. § 13-1406.

What Can Be Done and What Defenses Are Available

The first step if you are accused of committing Sexual Assault is to stop talking to anyone other than an attorney.  Do not speak to friends, family, and especially law enforcement about the allegations.  Only an attorney is bound by rules of confidentiality.

An experienced and aggressive sexual assault attorney will begin working to attack the State’s narrative of events.  This can be done in a variety of ways, including:

  • An independent investigation to identify bias in the victim and other witnesses
  • Identifying why a false report of sexual assault might have occurred
  • Identifying potential constitutional violations in the investigation, for example of your Miranda rights, your 4th Amendment rights, or your right to counsel.

An experienced attorney may also use tools to mitigate the damage, such as risk assessments, mitigation specialists, and independent experts.

Get Legal Help Immediately

An allegation of Sexual Assault can destroy you life.  A conviction can literally end it.  Don’t face these serious charges.  A Board Certified Criminal Law Specialist, certified by the State Bar of Arizona Board of Legal Specialization, like Omer Gurion, can help.  Contact us for a consultation so we can determine the best defense for your case.

What People Say

Client Testimonials

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Well, we aren’t finished yet, but already Mr. Gurion has displayed tolerance, patience, and truly gifted knowledge in his advice and guidance for me in regard to a criminal case that is already complicated but made more frustrating, at best, by my conduct (FTA x 2) thus far. On top of that, he brings with him a genuine swagger when entering the courtroom which shows in his actions and ability to to have an amazing working relationship with the prosecutor and judge alike. I’m am truly grateful to have had this gentleman appointed to represent me. Thank You Omer, you have already blessed me more than you could ever know.

Timothy

We just finished working together after receiving the verdict that we wanted, and I must say that Omer is highly skilled in the court room and very knowledgeable of the law. He was very patient with me every time we met and thoroughly answered all my questions. He was able to adjust his schedule to accommodate me as well as personally represent me at each court hearing that was requested. He communicated quickly and effectively to me and made sure I had a complete understanding before asking what I wanted to do next. Omer was very aggressive, as this case was extremely important to me and I am very fortunate to have had him represent me, thank you Omer!

Tanner

I worked with Omer for five years. He is always professional and ready to advocate for his clients. He is incredibly knowledgeable on the law and finds creative solutions for complex problems. I would highly recommend Omer Gurion for any criminal case.

Sam

Omer Ramiro is top notch criminal defense and is very good at what he does. Omer approached my case weighing out every scenario and fully explaining to me what may or may not happen along the way. He really put me at ease during a trying time in my life and applied the right finesse to get me a very acceptable pla that would have been impossible to get on my own. Truly a great outcome for me and I’m very relieved. Bottom line hes very good and would ask for him by name. I specifically did not initially seek out Omer Ramiro but went to a very respected law firm for representation in a criminal charge against me. I was assigned Omer and I’m very glad for this and would recommend him to anyone needing help. Aside from being good at his job hes actually quite a nice guy also. A+++

Michael

Thank you Omer for helping my family and I through the one of the hardest times that we have ever gone through. I had a trial coming up in two weeks in 2 weeks when I made the decision to hire Omer Gurion and that was the best decision I have ever made. Omer prepared himself for my case in only 2 weeks and destroyed the state’s poor case against me. After working with him I can say without a doubt he is undoubtedly one of the best criminal defense attorney’s there is because he is extremely articulate, intelligent and absolutely knows the law inside and out. The jury came back almost immediately with a “not guilty” verdict. I can’t even truly express how relieved I felt at that moment and it is all thanks to Omer and the defense team he works with. I say emphatically that you can count on Omer Gurion.

anonymous

I was in contact and worked with a couple of attorneys from the Rosenstein Law Group and was provided solid legal services but it wasn’t until I had the privilege of having Mr. Gurion on myside that I felt some bit of peace of mind or a little bit at ease. I’m sure Mr. Gurion had several clients while he was working with me, yet I never felt like just a number to him; I always felt like I was his number one priority. Mr. Gurion was never too busy to reply to an email or answer a call from me. Mr. Gurion was always calm, cool and collected and reassured me that everything was going to be OK for me and my family. Not only did Mr. Gurion reassure me, more importantly he delivered. I am a free man because of Mr. Gurion. If anybody is in need of legal assistance I would without a second thought I would highly recommend Mr. Gurion.

Jonathan

My son had a DUI arrest hanging over his head. We hired Omer to guide us through the process. He carefully outlined and explained all options available. He advised my son on a course of action based on his knowledge of the law and his experience. His advice was spot on. His guidance and responsiveness helped relieve the stress of the situation. We highly recommend Omer. You can put your confidence in him.

Dana

September 23, 2019

I was really in trouble and I wentto Rosenstain Law firm because of it was close by my home. Then I met with Omar and he checked my case and told me all of the things gonna happen . However, he trusts himself a lot which is very important for me. First when I received my warrant he directed me very well and took me out of the jail in 2 hours and reduced the bail from 25 k to $500. And at the end case was dismissed. He always believed me and did his best. I am so sad that I did not meet him before. I would highly recommend to work with him because you can just trust him and don’t keep your mind busy with court. He will do anything for you, and he knows what he is doing very well. I appreciate for all of his afford and making my case so easier.

Ozlem

Omer was not only extremely knowledgeable and efficient as an attorney but was very caring and supportive during a very difficult time for our family. Omer even followed up after the resolution to make sure we had everything we needed. I would recommend Omer Gurion highly. Thank you Omer!

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Samantha Knobbe

Omer is an excellent lawyer. He is known in the legal community as a skilled and prepared attorney. He is a fierce advocate for his clients.

Samantha Knobbe

Criminal Defense Attorney

One of the best criminal defense attorneys available. Incredibly knowledgeable, compassionate and communicative. Would absolutely recommend for any of your criminal defense needs. One of the best litigators with a client-centered focus. 10/10

Shannon McShay

Everyone at this firm is amazing Lisa is one of the strongest and nicest females on this planet and we need more of those, Omer doesn’t take the easy way out and fights FOR YOU, for a small growing firm they are the best in the business hands down, I have never had to deal with lawyers and attorneys before but I’m glad that this was my experience, having Gurion represent me was the best thing ever and we came out on top thank you guys again for everything!

TJ Stream

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