Sexual Assault Defense
Being accused of sexual assault is frightening, and the consequences can reach every part of your life. We start by learning exactly what is alleged and what the evidence shows, so you can make careful decisions.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We prepare every case as if it is going to trial, and we take a meticulous, aggressive approach, fighting from every angle, because the report is only one side of the story.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: A.R.S. § 13-1406 makes it a crime to intentionally or knowingly engage in sexual intercourse or oral sexual contact with another person without that person's consent.
- How it is classified: A class 2 felony with its own sentencing rules. If the other person is under 15, it is sentenced as a dangerous crime against children.
- Possible sentence (first offense): 5.25 to 14 years in prison, with a presumptive term of 7 years and no probation.
- Where the case is heard: Maricopa County Superior Court, in the downtown Phoenix criminal court complex (Central Court Building, 201 W. Jefferson St.; South Court Tower, 175 W. Madison St.). Confirm the building on your current notice.
- What to do now: Do not contact the accuser or discuss the allegation with anyone, in person, by text or online. Speak with a defense lawyer before you talk to a detective.
What the law says
Under § 13-1406(A), the State has to prove three things:
- You engaged in sexual intercourse or oral sexual contact with another person.
- The other person did not consent.
- You acted intentionally or knowingly.
The key terms are defined in A.R.S. § 13-1401. "Sexual intercourse" means penetration into the penis, vulva or anus by any part of the body or by any object, and it also includes masturbatory contact with the penis or vulva. "Oral sexual contact" means oral contact with the penis, vulva or anus. Because of these definitions, the charge can rest on more than one kind of act.
"Without consent" is defined in § 13-1401(A)(7). It includes these situations:
- The person was coerced by the immediate use or threatened use of force against a person or property.
- The person could not consent because of a mental disorder, mental defect, drugs, alcohol, sleep or a similar impairment, and that condition was known or "should have reasonably been known" to the accused.
- The person was intentionally deceived about the nature of the act.
- The person was intentionally deceived into believing the accused was their spouse.
Marriage is not a defense to this charge. A.R.S. § 13-1407(D) states that it is not a defense to sexual assault that the accused was the other person's spouse at the time.
How it is classified
Sexual assault is a class 2 felony under § 13-1406(B). Certain alleged facts change which sentencing rule applies.
| Situation alleged | Sentencing rule |
|---|---|
| Other person 15 or older, no added allegation | The ranges in § 13-1406(B), with no probation |
| Intentional or knowing administration of flunitrazepam, gamma hydroxy butyrate or ketamine hydrochloride without the person's knowledge | Minimum, presumptive and maximum terms each increased by three years (§ 13-1406(B)) |
| Intentional or knowing infliction of serious physical injury | Life imprisonment possible, with no release until at least 25 years are served (§ 13-1406(D)) |
| Other person under 15 | Sentenced under A.R.S. § 13-705 as a dangerous crime against children |
| Accused 18 or older and other person 12 or younger | Sentenced under § 13-705, as § 13-1406(D) requires, which can mean a mandatory life sentence under § 13-705(B) |
Possible penalties
Under § 13-1406(B), a person convicted of sexual assault "is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis" until the sentence is served or commuted, apart from narrow exceptions named in the statute. In plain terms, a conviction means prison. The judge picks a term within these ranges:
| Prior record | Minimum | Presumptive | Maximum |
|---|---|---|---|
| First offense | 5.25 years | 7 years | 14 years |
| One historical prior felony conviction | 7 years | 10.5 years | 21 years |
| Two or more historical prior felony convictions | 14 years | 15.75 years | 28 years |
The judge may move above or below the presumptive term, within the range, based on aggravating and mitigating circumstances. If the drug allegation is proven, each number in the table goes up by three years. Under § 13-1406(C), a sexual assault sentence "shall be consecutive to any other sexual assault sentence," so sentences on multiple counts are stacked rather than served at the same time.
If the other person was under 15, the longer ranges in § 13-705 apply instead. Our sexual conduct with a minor page explains those ranges.
Consequences beyond the sentence
- Registration: Sexual assault is listed in A.R.S. § 13-3821(A), so a conviction requires registration with the county sheriff. Read more on our sex offender registration page.
- Your record: Under A.R.S. § 13-905(P), a set-aside is not available for an offense that requires registration. Ask us whether any other relief may apply, and see our record sealing and set-asides page.
- Firearms: A felony conviction makes it unlawful under 18 U.S.C. § 922(g) to possess a firearm or ammunition.
- Immigration: A conviction can make a person deportable under 8 U.S.C. § 1227(a)(2). If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea.
- Work, licenses and housing: A sex offense conviction can limit professional licenses, jobs involving children or vulnerable adults, and housing options.
- Plea offers: Some cases resolve with a plea to a different offense that allows probation. Avoiding jail is not the same as avoiding a conviction.
How we defend sexual assault cases
Consent and context. Many sexual assault cases turn on consent, not on whether contact happened. We gather the messages, call logs, social media, rideshare and location data, photos and witness accounts from before and after the encounter. A clear timeline can show what each person said and did.
Impairment claims. When the State says the other person was too impaired to consent, § 13-1401(A)(7)(b) requires that the condition was known or should reasonably have been known to you. Evidence of how the person spoke, moved, texted and made choices that night may be central. Toxicology and expert review can matter here, and in any case where the drug enhancement is alleged.
Forensic evidence. A medical examination and DNA testing may show that contact occurred, but they often cannot answer whether there was consent. We can retain independent experts to review lab methods, injury findings and how samples were collected and stored.
Statements and procedure. Recorded interviews, phone calls and messages from the investigation are reviewed for how they were obtained and whether your rights were respected. We also review how the case was charged and presented, and whether the State has disclosed the evidence it must share.
The charge itself. Because § 13-1406 bars probation, the charge on which a case resolves can decide whether prison is required. Early investigation and well-documented mitigation can help when we talk with the prosecutor about the charge.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
Yes. Under A.R.S. § 13-107(A), a prosecution for any offense in chapter 14 of Title 13 that is a class 2 felony "may be commenced at any time." Sexual assault is in chapter 14 and is a class 2 felony. Delay can still affect the evidence, and we look closely at what was lost or changed over time.
A relationship, or even a marriage, does not by itself establish consent, and § 13-1407(D) says marriage is not a defense to sexual assault. Still, the history between two people can be relevant evidence. Messages and prior communications may help show what each person understood.
You have the right to remain silent and the right to a lawyer. Talking to a defense lawyer first lets you make a decision about any statement instead of reacting under pressure. We can communicate with the detective for you.
You will see a judge for an initial appearance within 24 hours of arrest (Ariz. R. Crim. P. 4.1). The judge sets release conditions, which can include no contact with the accuser. Because this is a felony, the right to appointed counsel attaches. Our what happens after an arrest and release conditions and bond pages explain the next steps.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 13-1406: Sexual assault; classification; increased punishment
- A.R.S. § 13-1401: Definitions; factors
- A.R.S. § 13-1407: Defenses
- A.R.S. § 13-705: Dangerous crimes against children; sentences; definitions
- A.R.S. § 13-3821: Persons required to register; procedure; identification card; assessment; definitions
- A.R.S. § 13-905: Setting aside judgment of convicted person on discharge; application; release from disabilities; certificate of second chance
- A.R.S. § 13-107: Time limitations
Cornell Legal Information Institute
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Talk to a Maricopa County criminal defense lawyer
If you have been arrested, charged, or contacted by a detective, the decisions you make in the first few days matter. Nova Law Group defends misdemeanor and felony cases in the Superior Court and in municipal and justice courts across Maricopa County.
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