Arizona has some of the harshest penalties in the nation when it comes to sex crimes. With extensive prison sentences, a permanent criminal record, heavy fines and more, the costs of a conviction are high. You need a lawyer on your side who knows how to fight these serious charges and overcome the strategies the prosecution uses.
Trust our team to challenge your sex crime charge
We don't let the prosecution push our clients around. We look into search warrants, arrests, wiretaps, informants and interrogation tactics. We'll fight to help you seek reduced charges or even work to have your charges dropped entirely. Above all, we'll aggressively advocate for your interests, inside and outside of court.
If you've been charged with a sex crime, count on us to take control of your crisis. Contact us online or call 480-378-9000 today.
Arizona legislation defines indecent exposure as the intentional exposure of one's private parts in public. While this crime's definition may seem straightforward, the prosecution actually has more work than it seems at first glance. The prosecutor will be tasked with proving, beyond a reasonable doubt, to the judge or jury that you did in fact commit indecent exposure. Three aspects of your charges we can fight the prosecution on are:
- Private body parts: Many indecent exposure cases are based on nothing more than accusations and alleged witness testimonies. Without photographic or video evidence of your alleged crime, how can the prosecution, and even the witnesses, be sure you exposed yourself at all? If they alleged the crime took place at night, the odds of them knowing what they saw are even lower.
- Willingness: Indecent exposure charges hinge on your intentional and willful exposure of private parts or genitals. If you did not mean to expose yourself, or did not know that anyone was around to see you, you have not committed indecent exposure. If anything can be charged at all, it should be a reduced public lewdness charge.
- Public: Were you within your home, unaware that your blinds were open, when you were arrested for indecent exposure? Proving that you were in a public place can be difficult for the prosecution, as even a public bathroom is arguably private.
Depending on the circumstances, indecent exposure can be charged as a misdemeanor or even a felony. You could be looking at thousands in fines and significant jail time, not to mention mandatory sex offender registration. You need an experienced attorney on your side to fight back against those charges.
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Public Sexual Indecency
Arizona defines an act of public sexual indecency as a sexual act between two or more people performed in a public area intentionally or with the knowledge that a reasonable person would be offended by witnessing the act. In this case, the victim is not required to be directly involved in the sexual activity, they must only witness the act.
Sexual acts can include:
- Oral sex
- Sexual intercourse
- Contact of a sexual nature
In Arizona, those convicted of public sexual indecency can face harsh penalties including years in jail, fines and mandatory sex offender registration. In order to successfully charge you with public sexual indecency, the prosecution must prove you were acting with a reckless disregard to the sensibilities of the general public and that a person could (1) reasonably take offense to witnessing the public sexual act and (2) the act could have reasonably been witnessed by a member of the public. This means that actions occurring in areas where a person could expect to encounter acts of a sexual nature, such as within an adult entertainment convention, may not always incur this charge.
Arizona does not charge sex crimes lightly, and public sexual indecency is no exception. Generally, a first offense can be charged as a class 1 misdemeanor and is punishable by up to six months in jail and fines of no more than $2,500. For cases in which the victim is under the age of 15, the offense becomes a class 5 felony punishable by no more than 2 years in prison and fines of no more than $150,000. Penalties can also increase in cases where the defendant has two or more prior felony convictions for public sexual indecency. Under these circumstances, a person facing a felony charge can incur a maximum sentence of up to 15 years in prison.
If you're facing public sexual indecency charges, you need to take them seriously. Contact attorney Charlie Naegle right away to start building your defense.
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Sexual assault cases are difficult for both the defense and the prosecution. Often these cases come down to a "he said, she said" situation where the credibility of the two parties is the final determinant. Sexual assault cases can be related to rape, date rape, Rohypnol or GHB, sexual conduct with a minor (under 18 but over 14 years of age), and cases where claims of intoxication or drugs made a person mentally or physically incapable of consenting to sex. Sentences for individuals convicted of sexual assault range from probation to prison terms that can exceed 14 years.
A common misperception in sexual assault cases is that the sexual history of a victim is admissible as evidence. Unless it is somehow relevant to the case, it is not. An example of relevant sexual history would be the victim's sexual history involving the defendant, whereas the victim's sexual relationships with other people would not ordinarily be relevant. An effective defense requires a clear understanding of what evidence can be used in court. To defend yourself against these serious charges, you need an experienced and dedicated defense attorney on your side.
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Rape is a form of sexual assault that involves forced or nonconsensual sexual or oral intercourse with another person. In Arizona, rape is punishable by up to 28 years in prison, depending on the defendant's prior criminal record. In extreme cases, rape may be punishable by life imprisonment without the possibility of parole.
Cases involving rape can involve false allegations or even mistaken or false identity. If you feel you have been falsely accused of rape, contact Charlie Naegle today. We will make every attempt to have your case dismissed before it goes to trial. With a thorough investigation, we will be able to challenge the lack of evidence and any violations of constitutional rights. Contact an experienced Mesa rape defense attorney to help plead your case if you have been charged with rape in Arizona.
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In 2006, Arizona began to sentence prostitutes and those soliciting their services to mandatory jail time. While not technically considered a sex crime, a prostitution charge is a serious crime that may result in a felony or misdemeanor charge. We can represent you if you are someone who has:
- Solicited the services of a prostitute
- Engaged in selling your services
- Owned massage parlors and "bawdy houses"
Under Arizona law, prostitution is defined as "engaging in or agreeing or offering to engage in sexual conduct with another person under a fee arrangement with that person or any other person." With current changes in the law, charges for prostitution carry with them mandatory minimum jail sentences including:
- First offense: 15 days in jail
- Second offense: 30 days in jail
- Third offense: 60 days in jail
- Fourth offense: 180 days in jail
This is a charge that should be taken seriously, as it can affect your criminal record and your future. We can question the prosecution's evidence and narrative of events. We can challenge the validity of your arrest, search warrant, search, seizure, interrogation and other police procedures. Contact attorney Charlie Naegle today to fight your prostitution charge.
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Sex Offender Registration
Due to the social stigma and bias attached to virtually all sex crimes, mandatory sex offender registration can blindside you and absolutely destroy your name and reputation. While the United States Department of Justice and the Federal Bureau of Investigation mean well by creating national sex offender registries, the end result is often the unnecessary destruction of the accused or convicted person's life. Sometimes referred to as a "blacklist" by those in the criminal justice system, a sex offender registry can completely dismantle someone's ability to lead a normal life.
Consequences tied to being on a sex offender list include:
- Loss of educational opportunities
- Automatic disqualification from certain jobs
- Difficulty moving to and from neighborhoods
- Harmful social bias or harassment
People who see a name on a sex offender registry do not view the person behind it, and quickly judge them without knowing the details of the case. In some situations, a false accusation, exaggeration or misunderstanding led to the conviction. In turn, that conviction leads to the disintegration of their normal lives. It is a harsh system that needs to be challenged by defense attorneys.
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Child pornography, also called the sexual exploitation of a minor, is a very serious criminal charge. Under Arizona law, you face a minimum of ten years in prison for each image of child porn you are convicted of possessing. Besides the criminal penalties you face, you also face the stigma placed on you by society. And unlike other crimes, you enter into a child pornography case with an unfair presumption of guilt.
During a child pornography investigation and trial, the use of computer forensics and psychologists is important. The state needs to prove you actually possessed and opened a child pornography file on your computer. We employ highly credible experts in computer forensics to analyze your computer to determine when and if the file was ever opened and viewed by you. We will stand by you throughout the entire process to give you guidance and much needed support.
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Children are considered as one of the most vulnerable age groups because of their inability to protect themselves. It is up to their parents to defend their rights and children in any possible way. In Arizona, child abuse charges are considered some of the most serious types of criminal cases. The penalties can be very severe depending on the particular crime being charged.
Some of these crimes include:
- Physical abuse
- Sexual abuse
- Sexual exploitation
- Emotional abuse
- Child molestation
A conviction for any form of child abuse in Arizona can result in imprisonment, fines, loss of custody, loss of visitation rights, lifetime sex offender registration and more. It is extremely important to address these charges from the beginning of the investigation to ensure the best possible results. We will take the time to thoroughly investigate and evaluate all the evidence the State intends to bring against you.
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Statutory Rape/Sex With a Minor
Sexual conduct with a minor involves an intrusive act beyond touching with a child under 15 years old. Examples include masturbation and oral, vaginal or anal insertion. If you are under investigation for or have been charged with sexual conduct with a minor, we can help.
Short of murder in the first degree, sexual conduct with a minor is the most serious criminal charge in Arizona. Under the state's mandatory sentencing laws, anyone convicted is required to serve a sentence of 13 to 27 years. All of the terms of imprisonment must be served day-for-day; there is no early release or parole. The term of imprisonment must be served consecutively to the sentences for any other offenses committed at any time.
After you are released, you would be subject to sex offender registration. Simply being charged with sexual conduct with a minor can lead to the loss of your parental rights.
There is no probation for sexual conduct with a minor. However, under certain circumstances, the defendant can have the charge reduced to attempt, which may make him or her eligible for probation.
You can be charged with statutory rape if you have consensual sex with a child between the ages of 15 and 18. The defenses in a statutory rape case include:
- You were not aware the person was under the age of 18
- You are not more than 24 months older than the minor and the conduct was consensual
- You are married to the minor
If you are under investigation for statutory rape or sexual conduct with a minor, you need to take your charge seriously. Get Charlie Naegle on your side today.
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