If you have been accused of sexual assault in Scottsdale, you are facing a Class 2 felony under Arizona law. The most important decisions in your case may come before you are ever formally charged.
At R&R Law Group, we defend people accused of serious felonies across Scottsdale and Maricopa County. The charge is brought under A.R.S. § 13-1406, and it usually reaches a grand jury before anyone is arrested. If detectives have contacted you but no charge has been filed yet, that stage matters as much as anything that comes after. Call (602) 497-3088 or reach out to us for free case evaluations.
How R&R Law Group Defends Scottsdale Sexual Assault Charges
Every sexual assault defense starts with the same three questions. Has a charge actually been filed, or is this still an investigation? What does consent mean under Arizona’s specific legal definition, and does it fit the facts here? What evidence does the state actually have, and how was it gathered?
A charge this serious deserves more than one attorney’s read on a case. Our team gives every sexual assault case that attention, and that is where the safety, clarity, and hope we talk about actually come from. We built our approach around integrity, honesty, and compassion as well.
We bring modern legal defense strategies to sexual assault cases as part of our broader felony defense practice.
What Counts as Sexual Assault Under Arizona Law?
Under Arizona law, sexual assault means having sexual intercourse or oral sexual contact with another person without that person’s consent. The act must be intentional or knowing. A.R.S. § 13-1401 defines both terms broadly: penetration of the penis, vulva, or anus by any body part or object, and oral contact with those same parts.
Consent is where these cases are fought. The statute’s list of the circumstances that count as without consent is not closed; it opens with the word “includes”:
- Coerced by immediate or threatened force
- Unable to consent because of a mental disorder, drugs, alcohol, sleep, or similar impairment the accused knew or should have known about
- Deceived as to the nature of the act
- Deceived into believing the accused is a spouse
Does Consent Have to Be Spoken?
No. Arizona’s statute does not define consent by the words a person uses. It defines the circumstances that make an act one committed without consent.
What Are the Penalties for Sexual Assault in Arizona?
Sexual assault is a class 2 felony in Arizona. A first offense carries 5.25 to 14 years in prison. The presumptive term, the sentence a judge starts from, is 7 years.
| Sexual assault, first offense | Term |
|---|---|
| Minimum | 5.25 years |
| Presumptive | 7 years |
| Maximum | 14 years |
A separate statute reaches harder. Under A.R.S. § 13-1423, violent sexual assault carries life imprisonment with no release for the rest of the person’s life.
That sentence applies only when two things are both true: the offense involved a deadly weapon or the knowing infliction of serious physical injury, and the person has a prior felony sexual-offense conviction that qualifies under Arizona’s repetitive-offender rules. Most first-offense allegations do not meet that description.
A first offense can also carry life imprisonment on its own if it involved serious physical injury, though with eligibility for release after twenty-five years rather than the no-release sentence that applies to a repeat offense.
How a Scottsdale Sexual Assault Case Moves Through Maricopa County
Prosecutors take a Scottsdale sexual assault allegation to a Maricopa County grand jury, a panel of citizens that hears the state’s evidence in private. The grand jury returns an indictment, the formal charge that opens a felony case, only if it is convinced there is probable cause to believe you committed the offense. Here is how a case typically moves forward:
- A detective investigates and asks the accused person for an interview.
- An arrest or a summons follows.
- Prosecutors present the case to a grand jury.
- The grand jury indicts or declines to charge.
- The accused is arraigned, entering a plea before the case moves toward trial.
The stretch before that presentation is the part almost no one hears about. Under A.R.S. § 21-412, the grand jurors have no duty to hear evidence from the person under investigation.
The grand jurors may hear it if they choose. They may also require other available evidence when they have reasonable ground to believe it will explain away the charge they are weighing.
The word “may” is doing the work there. Weighing other evidence is a request counsel can make, not a right you hold. A person who testifies has the right to advice of counsel.
If detectives have called and no charge has issued, that is the moment to call R&R Law Group. We built our criminal defense practice around three things: a safe place to talk through what happened, a clear picture of where the case actually stands, and a realistic path forward.
Can You Be Charged Years After the Alleged Incident?
Yes. Arizona places no time limit on prosecuting a sexual offense that is a class 2 felony. A sexual assault charge can be filed at any point after the alleged conduct.
Under A.R.S. § 13-107, prosecution for a chapter 14 class 2 felony may begin at any time. Most other felonies, class 2 through class 6, carry a seven-year deadline. The clock starts on the day the state discovered the offense.
Time alone is not a defense, but an old allegation can mean weaker evidence, faded memories, or witnesses who are harder to find.
Will a Conviction Put You on the Arizona Sex Offender Registry?
Yes. A conviction for sexual assault is one of the offenses that requires you to register as a sex offender in Arizona.
Registration is a collateral consequence. It follows from the conviction, not from the sentence. A defense attorney can explain the deadline, the registering office, and how long the obligation runs.
Related Charges People Are Often Facing at the Same Time
Sexual abuse is a separate and less serious charge than sexual assault. Prosecutors sometimes file it alongside a sexual assault count, and sometimes instead of one. Under A.R.S. § 13-1404, sexual abuse means sexual contact with a person 15 or older without that person’s consent.
| Charge | Conduct without consent | Class |
|---|---|---|
| Sexual assault | Intercourse or oral sexual contact | Class 2 |
| Sexual abuse | Sexual contact, person 15 or older | Class 5 |
If both counts appear on your charging document, how a sexual abuse charge differs explains the second. Sexual assault charges rarely arrive alone, and often sit alongside other serious charges.
How a Defense Attorney Challenges a Sexual Assault Case
A sexual assault defense usually turns on consent, on identity, or on how reliable the state’s evidence is. The work starts with what the accused person has already told police, or has not.
- Consent: The question is whether one of the circumstances covered above was present.
- Statements to police: No person can be compelled to be a witness against himself in a criminal case under the Fifth Amendment. Sitting for another detective interview without counsel present is a decision worth discussing with an attorney first.
- The window before an indictment: This request has to be made while the case is still with the grand jury, which is why the timing of the first call matters.
Every case is different, and none of this predicts the result in yours.
Common Questions About Scottsdale Sexual Assault Charges
Is Sexual Assault the Same as Rape Under Arizona Law?
Yes, in practical terms. Arizona’s criminal code does not use the word “rape.” The offense is defined and charged as sexual assault. People sometimes use both terms to describe the same charge.
Is Sexual Assault Always Charged as a Felony in Arizona?
Yes. Arizona classifies sexual assault as a class 2 felony in every case. There is no misdemeanor version of this charge.
Does Getting a Lawyer Involved Before Charges Are Filed Actually Matter?
Yes. Arizona’s grand jury process gives the accused no automatic right to present evidence before an indictment. Getting a lawyer involved before that stage can be the difference between evidence being considered and not being considered at all.
Talk to a Scottsdale Sexual Assault Attorney
If you are under investigation or charged with sexual assault in Scottsdale, bring in a defense attorney early. The sooner a lawyer is involved, the more of the case is still open to influence.
Call R&R Law Group at (602) 497-3088 or contact our Scottsdale office. We will give you an honest read of your case. We will never promise an outcome. Free case evaluations are available now.