Child Molestation

Child Molestation Attorney in Phoenix

30+ Years of Combined Experience. Built-In Transparency. Real Answers.

A child molestation charge carries mandatory prison sentences, lifetime sex offender registration, and consequences that begin the moment an accusation is made. At Faussette & Faussette, PLLC, we represent clients facing these charges in Phoenix and throughout Maricopa County, and we start by doing something too many firms skip: taking the time to fully explain where your case stands and what every available path forward actually means for you.

Our attorneys share 30+ years of combined criminal defense experience. In practice since 2013, we build every defense from the specific facts of each client’s situation rather than applying a standard template. If you’re under investigation or have already been charged, retaining counsel now may give us time to work before evidence is locked in and options narrow.

Call us at (602) 905-2833 to schedule a free 15-minute criminal defense consultation, available in-office or virtually.

Why Faussette & Faussette, PLLC for a Child Molestation Defense

Child molestation cases in Maricopa County are prosecuted aggressively. The Maricopa County Attorney’s Office assigns experienced prosecutors to these cases and pursues maximum sentences. A defense built on a one-size-fits-all approach may leave accused individuals unprepared for what Arizona’s mandatory sentencing framework actually requires.

We work differently. Ours is a two-attorney firm, which means the attorney who meets with you is the attorney building and presenting your defense. You won’t be handed off to a junior associate or receive form-letter updates about your own case.

Transparent communication is central to how we work: honest assessments, clear explanations of your legal options, and no false comfort. Before you make any decision about your case, including whether to accept a plea offer, you can understand what you’re agreeing to and what the full consequences look like.

Schedule a Confidential Consultation

If you’re facing a child molestation investigation or charge in Phoenix, don’t wait to get counsel involved. We offer a free 15-minute criminal defense consultation so you can begin the conversation privately and promptly, with in-office and virtual appointments available throughout Maricopa County.

Call (602) 905-2833 or reach out through our online contact form to schedule your consultation today.

Arizona Law on Child Molestation: ARS 13-1410

Under ARS 13-1410, a person commits molestation of a child by intentionally or knowingly engaging in, or causing another person to engage in, sexual contact with a child under 15 years of age, excluding sexual contact with the female breast. “Sexual contact” under ARS 13-1401 includes any direct or indirect touching, fondling, or manipulation of the genitals or anus. Physical skin-to-skin contact isn’t required.

The offense is classified as a Class 2 felony, the second most serious felony level in Arizona. Because the alleged victim is under 15, a charge under ARS 13-1410 also carries a dangerous crimes against children (DCAC) designation under ARS 13-705. That designation is what triggers mandatory minimum sentences and eliminates probation eligibility upon conviction in most circumstances.

Child molestation is a distinct charge from sexual conduct with a minor (ARS 13-1405) and sexual abuse (ARS 13-1404). The specific charge filed determines the applicable sentencing range and the defenses available, which is why the precise language of the indictment matters from the start. Arizona courts also distinguish between a completed act and a preparatory or attempted offense; an attempt conviction is a Class 3 felony and may carry different sentencing exposure.

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Why Choose Faussette & Faussette, PLLC?

Client-Focused Representation
Every case begins with understanding your unique circumstances, allowing the firm to build personalized legal strategies that protect your interests.
Honest & Transparent Communication
Clients receive clear guidance, straightforward answers, and regular updates so they can make informed decisions throughout their case.
Aggressive When It Matters Most
Whether negotiating a settlement or fighting in court, the firm stands up for clients' rights and pursues the best possible outcome.
Experienced Legal Advocacy
With nearly a decade of experience, Faussette & Faussette provides knowledgeable representation in criminal defense, personal injury, and family law matters.

Penalties for Child Molestation in Arizona

The sentencing exposure for a child molestation conviction is severe, and Arizona’s DCAC sentencing structure under ARS 13-705 removes most of the flexibility courts have in other criminal matters.

Prison terms for a first-offense conviction:

Minimum: 10 years
Presumptive: 17 years
Maximum: 24 years

Prison terms for a second or subsequent conviction:

Minimum: 21 years
Presumptive: 28 years
Maximum: 35 years

These sentences are served as flat time. There is no parole, no early release, and no credit for good behavior. Probation isn’t available for a standard first-degree conviction, though a charge reduced to attempted molestation may create probation eligibility in limited circumstances. Arizona’s mandatory fines for a Class 2 felony can reach $150,000.

The consequences extend well beyond prison. A conviction produces a permanent felony record that can restrict employment, housing, professional licensing, firearm rights, and voting rights, and it can trigger civil proceedings by Arizona Child Protective Services affecting parental rights. Conviction also requires lifetime registration on the Arizona Sex Offender Registry, with compliance obligations detailed in the section below.

Defense Strategies in Phoenix Child Molestation Cases

Every defense starts with the facts. We review all police reports, investigative records, witness statements, and digital evidence before developing a strategy. No two cases present the same facts, and a defense that works in one case may be irrelevant in another.

Challenging the Alleged Conduct

Arizona law requires that any touching be intentional or knowing. A defense that the alleged contact didn’t occur, or that any physical contact was accidental rather than deliberate, directly challenges the mental state element the prosecution must prove. We examine every detail of the alleged incident to identify where the state’s account may be weak or inconsistent.

False Allegations

False allegations arise in a range of contexts: contested custody proceedings, family conflicts, and cases where a child’s account has been shaped by repeated interviews or third-party influence. Where the facts support it, we investigate the circumstances surrounding the accusation and build a defense around the reliability of the accuser’s account.

Expert Witness Strategy

Prosecutors regularly use expert witnesses to describe characteristics associated with abused children or sex offenders. We can file motions to preclude or limit that testimony and, where appropriate, retain counter-experts to challenge the prosecution’s theory of the case.

Constitutional Suppression Arguments

We analyze whether law enforcement obtained statements or evidence in compliance with the Fourth, Fifth, and Sixth Amendments. Statements taken after a Miranda violation or after a request for counsel may be suppressible. Physical evidence obtained through an unlawful search or seizure may be excluded as well. Suppressing key evidence may materially change what the prosecution is able to prove.

Statutory Definitions & Charge Specifics

Arizona’s definition of what qualifies as a genital area under ARS 13-1410 isn’t explicitly stated in the statute, which creates room to challenge whether the conduct charged actually meets the legal definition. The distinction between the specific charge filed and related offenses under ARS 13-1404 and 13-1405 also affects what defenses apply and what sentences are at stake.

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Hear about our clients experience with us

"Got my entire case diverted and won’t even show up on my record."
Nick Faussette was incredibly competent and amazingly attentive from the very start.

- Ross M.
"Communicative, honest, pragmatic and highly competent attorneys."
Assess your situation grounded in the law to create a comprehensive strategy to provide the best possible outcome.

- CC
"Her representation was thorough and well prepared."
She is overjoyed, relieved and pleasantly surprised with the simplicity and swiftness.

- James M.
"They've done amazing and incredibly outstanding job."
If I had a way for giving Jacob Faussette 100 stars, I could have done so, but since 5 is the highest, then he deserves all of them.

- Satisfied Client
"I would not hesitate to work with him."
He did such an amazing job and really helped my family.

- Ketsia A.
"Jacob Faussette is the best lawyer ever"
I would recommend anyone to have Jacob fight for your justice.

- Julienne B.
"I'm 100% satisfied!"
Jacob was assigned my case by the public defender's office but worked my case as if I paid him $20,000.

- Gary G.
"I've been affiliated with the Faussette brothers for a while now."
Jake and Nick will fight through a blizzard or sandstorm to make sure your case doesn't turn into ruins.

- Joey B.

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What to Do If You’re Accused of Child Molestation in Phoenix

An arrest isn’t a conviction. Arizona law presumes you innocent until the prosecution proves guilt beyond a reasonable doubt. But the decisions made in the first hours and days after an accusation can shape everything that follows.

Steps that protect your rights from the start:

Don’t speak to law enforcement or investigators before consulting a defense attorney. Anything said can be used in prosecution and may be taken out of context.
Don’t discuss the accusation with family members, friends, or anyone else who could be called as a witness.
Preserve digital communications and records that may help establish an alibi or challenge the accuser’s account.
Retain counsel as early as possible, including during the investigation stage before charges are filed.

Child molestation cases in Maricopa County are prosecuted by the Maricopa County Attorney’s Office and heard in Maricopa County Superior Court. We know those venues and those procedures, and we can put that familiarity to work from the moment you retain us.

Faussette & Faussette, PLLC can be retained at the investigation stage, before a formal charge is filed. Call (602) 905-2833 or use our online contact form to get started.

Lifetime Sex Offender Registration in Arizona

A conviction under ARS 13-1410 requires lifetime registration on the Arizona Sex Offender Registry under ARS 13-3821. Registration isn’t a temporary condition. It is a permanent legal status with ongoing compliance obligations that follow the registrant for the rest of their life.

What Arizona sex offender registration requires:

Regular reporting to law enforcement and notification of any change of address
Compliance with residency restrictions that prohibit living within 1,000 feet of a school or childcare facility, and within 1,000 feet of the victim’s residence
Public disclosure of the registrant’s name, address, and photograph on the state registry

Registration disqualifies individuals from employment involving children and can affect housing applications, professional licenses, and other civil rights. Failure to comply with registration requirements is itself a Class 4 felony under Arizona law.

Because registration is a lifetime consequence, understanding its full scope is essential before accepting any plea offer. If the prosecution offers a plea to a reduced charge, the registration consequences of that reduced charge need to be weighed alongside the sentencing terms. We can make sure our clients understand exactly what they’re agreeing to before any decision is made.

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At Faussette & Faussette, PLLC, we're always ready to take your calls. Give us a call or fill out the form below to contact one of our team members.

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