Sexual assault
Allegations under A.R.S. § 13-1406 require careful review of the alleged conduct, consent issues and supporting evidence.
Being investigated or charged with a sex offense can put your freedom, reputation, relationships and future at risk. The Law Office of Joel Chorny, PLLC helps people in Tucson understand the allegations, examine the evidence and make informed decisions about their defense.
Sex crime allegations may involve conflicting accounts, digital communications, forensic evidence, disputed consent, questions about identity or allegations involving a minor. A charge is not a conviction, and the prosecution must prove the elements of the alleged offense beyond a reasonable doubt.
Arizona treats different sexual offenses differently. The exact statutory charge, alleged conduct, age of the people involved and other circumstances can significantly affect the possible penalties and legal options.
Getting legal advice early can help you understand court orders, preserve relevant records and avoid decisions that might complicate your case.
Important: Do not contact an accuser or witness in violation of a protective order or release condition. Do not delete messages, photographs, accounts or other potentially relevant evidence.
Arizona law distinguishes among several offenses, each with its own elements and potential consequences. The examples below are informational; whether a statute applies depends on the facts and the charges actually filed.
Allegations under A.R.S. § 13-1406 require careful review of the alleged conduct, consent issues and supporting evidence.
A.R.S. § 13-1404 addresses specified sexual-contact conduct. The elements and classification depend on the circumstances.
A.R.S. § 13-1405 governs this offense. Age-related provisions can materially affect sentencing exposure.
A.R.S. § 13-1410 defines the offense. These allegations can involve particularly serious sentencing provisions.
Some investigations involve online communications, account records, devices and digital forensic reports. The underlying charge and admissibility of evidence require individual review.
Some cases also involve allegations of threats, violence or domestic relationships. See our domestic violence defense page.
No single defense applies to every sex offense case. An effective case review begins with the specific statute, the evidence available to both sides and the prosecution's burden of proof.
Depending on the case, options may include challenging evidence, filing appropriate motions, negotiating with prosecutors or preparing for trial. No particular result can be promised.
Cases may involve Tucson-area law enforcement, the Pima County Superior Court or other Arizona courts depending on jurisdiction and charge classification.
The Law Office of Joel Chorny works with clients to understand the procedural stage of their case, prepare for upcoming appearances and evaluate available legal options.
For a broader overview, see Facing Sex Offense Accusations: The Immediate Reality .
The actual consequences depend on the offense, case history, sentence and applicable law.
Not every accusation automatically creates a registration requirement. Under A.R.S. § 13-3821 , registration can be required for certain convictions and other qualifying circumstances identified by law.
Registration questions should be assessed using the exact offense, disposition, court orders and current statutes. Related duties may include reporting certain changes to authorities, and violations can create additional legal exposure.
If you are concerned about an existing registration obligation, seek advice before assuming that a dismissal, set-aside or passage of time automatically ends it.
Arizona's record-sealing law, A.R.S. § 13-911 , includes eligibility requirements and exclusions. Certain offenses involving sexual conduct, sexual motivation or children are excluded. An arrest without a conviction and a conviction may also present different legal questions.
Arizona also has distinct legal procedures such as setting aside eligible convictions. These procedures are not interchangeable, and relief under one statute does not necessarily remove registration duties or erase all records.
Before applying, have an attorney examine the exact charge, disposition, criminal history and relevant statutory restrictions. For a broader explanation, visit our Clean Your Record page.
Eligibility matters: Do not assume a sex offense conviction qualifies for sealing or expungement. The specific statute and disposition control.
Fees depend on the allegations, whether charges have been filed, the complexity of evidence, expert-witness needs and whether the matter proceeds toward trial. Ask about the scope of representation, payment terms and what additional expenses may apply. A consultation can help clarify the likely work involved.
The process may involve an initial appearance, release conditions, disclosure of evidence, pretrial proceedings, negotiations and possibly trial. The sequence varies by charge and court. It is important to follow court orders and obtain legal advice about upcoming deadlines and appearances.
Registration is not determined by an accusation alone. Arizona law specifies qualifying convictions and other circumstances under A.R.S. § 13-3821. The answer depends on the precise offense and disposition. An attorney can review whether the statute applies and explain any related obligations.
Dismissal may be possible in some cases, but it is not guaranteed. The available options depend on the evidence, legal issues, prosecution decisions and procedural posture. A defense attorney can assess potential challenges to the charge and the evidence.
Many sex-related convictions are excluded from Arizona record-sealing relief, and Arizona does not offer a general expungement process for every conviction. Eligibility requires a statute-specific review. A set-aside, when available, is different from sealing and does not necessarily remove registration obligations.
You can seek legal advice before answering investigative questions. Do not lie, obstruct an investigation or destroy evidence. An attorney can help you understand your rights and obligations in the particular circumstances.
Relevant evidence may include witness statements, electronic messages, location data, photographs, forensic results, medical records and investigative reports. What is admissible or persuasive depends on the case. Preserve relevant information and discuss it with your attorney.
Depending on the charge, outcome and applicable rules, allegations or convictions may affect background checks, professional licensing, housing and employment. Registration requirements can create additional consequences. An attorney can explain the issues relevant to your situation.
These primary legal references help explain the statutes discussed above. Statutes can change, and general online information is not a substitute for case-specific legal advice.
Arizona statutory definition.
Elements and statutory provisions.
Arizona statutory provisions.
Statutory elements and classification.
Qualifying offenses and registration rules.
Eligibility, exclusions and procedure.
If you are under investigation or facing a sex offense charge, getting informed legal guidance early can help you understand your options. Contact The Law Office of Joel Chorny to discuss your circumstances and next steps.
177 N Church Ave, Suite 1100, Tucson, AZ 85701
This page provides general legal information, not individualized legal advice. Contacting the firm does not establish an attorney-client relationship. Representation is subject to appropriate conflict checks and an engagement agreement.