MESA PHOENIX CHILD MOLESTATION DEFENSE ATTORNEY

A.R.S. § 13-1410(A) defines child molestation as intentionally or knowingly engaging in or causing a person to engage in sexual contact, except sexual contact with the female breast, with a child under 15 years of age.

A.R.S. § 13-1410 (B) states that child molestation is a Class 2 felony punishable as a dangerous crime against children under A.R.S. § 13-705. The prison time ranges from 10 to 24 years for a first time felony offender pursuant to A.R.S. § 13-705. A person convicted of child molestation also will be placed on lifetime sex offender probation and be required to register as a sex offender.

“It’s not a ten year sentence for child molestation if the charges are dismissed.”

Lisa Witt

DEFENSES FOR CHILD MOLESTATION CHARGES IN ARIZONA

Defending a charge of child molestation requires extensive investigation of all the facts and circumstances as well as thorough legal analysis. Lisa is an intelligent, analytical defense attorney who knows the defenses for child molestation in Arizona and will thoroughly evaluate your case and determine if one or more of the following potential defense strategies apply:

Good character: You may have witnesses who can testify that you would never molest a child. The Arizona Court of Appeals has ruled that character witnesses may make the difference in whether a person is found guilty or not guilty in a sex crimes case.

Alibi: You may have been working, out of state or with other people during the times alleged in the indictment.

Contact with victim not “sexual contact”: The contact was not “sexual contact” as defined by A.R.S. § 13-1401(b).

Bad character of victim: The victim may have mental illness, substance abuse problems, or a prior history of being molested by someone else which leads him or her to make false accusations against you.

Bad acts of victim: The victim may have falsely accused someone else of molestation, may have sexually acted out against others, or may have a reputation for crying wolf.

“I’m not afraid to go to trial—the trick is knowing when it makes sense.” Lisa Witt

Motive of victim: The victim’s motives may be trying to change their living situation, trying to get back at you out of anger, or trying to please a relative or guardian.

Bad acts of victim’s relative or guardian: The victim’s relative or guardian may have falsely accused someone else of molestation, may have sexually acted out against others, or may have a reputation for lying.

Bad character of victim’s relative or guardian: The victim’s relative or guardian may have mental illness, substance abuse problem, a history of being molested which leads him or her to unduly influence the victim to make false accusations of molestation against you.

Motive of victim’s relative or guardian: The victim’s relative's or guardian’s motives may be trying to obtain sole custody, anger, revenge, or hatred.

Impossibility of victim’s story: The victim’s story may be impossible based on the timeline or other facts alleged.

Missing or tainted evidence: Sometimes the Prosecution’s evidence is missing or tainted. For example, the videotape of the victim’s sexual assault examination may be blank or the State’s test result for a supposed positive test for an STD obtained from you may be suspect.

Suppression of Prosecution’s evidence: The Prosecution may have violated your constitutional rights or otherwise broke the law in obtaining evidence or your confession.

Reduction in number of counts: If you are charged with one count of child molestation and one count of sexual conduct with a minor on the same victim at the same time on the same date(s) of violation, your child molestation count may be a lesser included of the sexual conduct with a minor count and should be dismissed

Law enforcement misconduct: There may be law enforcement misconduct in investigating the charge, collecting the evidence, interviewing the victim and witnesses, or obtaining your confession.

Prosecutorial misconduct: There may be prosecutorial misconduct in disclosing the evidence, interviewing the victim and witnesses, and in the general course of your case.

Possible other defenses: Depending on the unique facts of your case, there may be other possible defenses. Lisa thinks outside the box when defending your case so she may come up with a novel defense that no other attorney has thought of before.

If you or a loved one is facing a charge of child molestation, it’s very important to hire a methodical, intelligent, and passionate defense attorney who will fight for you as soon as possible. Call LisaLaw, LLC or fill out the on-line form for a free case review.

Lisa Witt is a Mesa/Phoenix, Arizona child molestation defense attorney serving clients facing charges in the East Valley, West Valley, Maricopa County, Scottsdale, Tempe, Chandler, Fountain Hills, Apache Junction, Gold Canyon, Queen Creek, Gilbert, Casa Grande, Surprise, Goodyear, Buckeye, Youngtown, Ahwatukee, Avondale, Tolleson.