ARIZONA SEX CRIMES DEFENSE

A conviction for a sex crime can carry harsh and often unfair punishment which can include lengthy prison sentences, civil commitment following prison, probation for life, and registration as a sex offender for life.  In many instances t 

In Arizona, sex crimes may be non-dangerous criminal offenses, dangerous criminal offenses, or dangerous crimes against children (DCAC).  For instance:

1)    In a consensual sexual relationship between a 19 year old and a 16 year old, the 19 year old may be charged with sexual conduct with a minor, a class 6 felony.  This is a non-dangerous offense which is sentenced under the standard felony sentencing scheme and is probation eligible for a first time offender. (Note: additional sex offender terms may apply**)

2)     A sexual assault where a person uses a weapon or causes serious injury to the victim (who is an adult) could be sentenced under the dangerous offenses sentencing scheme.

3)     Most sex crimes or violent crimes committed against a victims who are under the age of 15, may be charged and sentenced as a Dangerous Crime Against Children.  The DCAC sentencing scheme provides for very lengthy prison terms and allows no probation eligibility for first time offenders in most cases.

(**Regardless of classification Arizona law includes additional sex offender terms – these can include lifetime probation and lifetime registration as a sex offender among others.)

The classification of crimes as Dangerous Crimes Against Children under Arizona law can lead to overly harsh and often absurd results.  For instance:

1)      A 17 year old high school student who is dating and having a completely consensual sexual relationship with a 15 year old student is guilty of no crime as long as he or she is no more than two years older than the 15 year old.

2)      If that same 17 year old is two years and one day older than the 15 year old then the 17 year old is guilty of Sexual Conduct with a Minor, a Class 6 non-dangerous felony.  He or she is eligible for probation with sex offender terms, and if given prison is facing 1/3 of a year to 2 years with a presumptive sentence of 1 year.

3)    If that same 17 year old or even a 16 year old engages in completely consensual sexual conduct the day before his or her partner’s 15thbirthday (i.e. still 14 years old), he or she is guilty of a DCAC, Sexual Conduct with a Minor, a Class 2 felony.  That 16 or 17 year old, is no longer probation eligible but is required to serve a prison sentence.  As a DCAC this crime carries a presumptive sentence of 20 years! With a minimum of 13 years and a maximum of 27 years.    

As an experienced criminal defense attorney, Mr. Borrelli fights hard to ensure fair treatment of any client charged with a sex offense.  In such cases, the charges often stem form a he said, she said situation.  Pretrial preparation and investigation can be critical.  Additionally, many cases may qualify under Arizona’s harsh sentencing guidelines, even though the situation does not call for such harsh treatment. (This is often the case with young first time offenders). 

In these cases, a criminal attorney experienced in dealing with Arizona prosecutors, judges and juries can be crucial to receiving fair treatment in the system.

Below is the Arizona Criminal Sentencing Chart  for Dangerous Crimes Against Children:

(UPDATED SENTENCING CHART COMING SOON)