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

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

I was very pleased with the services at Gurion Legal. I worked with Lisa and she was very responsive to my situation. I had all my questions answered and was able to achieve my outcome in a prompt manner. I would absolutely recommend her to anyone in need of legal assistance.

Alexandra Pites

I have worked with a lot of attorneys but when I needed one personally I could not have chosen anyone better. Omer reviewed the case, stated what he felt he could make happen and got the job done in a timely manner. His professionalism is done with grace and compassion. I truly wish he worked in other areas of the law as I find him refreshing in comparison to the others I have worked with:


“My son had a DUI arrest hanging over his heOmar is a godsend! He did an outstanding job he went above and beyond. Not only is he an amazing and knowledgeable lawyer but an impeccable man. Would 110% recommend! You will not be disappointed in Omar and Gurion Legal. If I even need a lawyer he will always be my first call. Best Lawyer I have worked with!ad. 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.”


DUI Defense
Criminal Defense
Personal Injury
Gurion Legal