Sexual Assault Defense Attorney in Phoenix

Rape & Sexual Assault Defense Backed by 30+ Years of Combined Experience

A sexual assault charge in Arizona carries mandatory prison time upon conviction, sex offender registration requirements, and reputational harm that can begin before the first hearing. If you or someone you know is facing an accusation in Phoenix or anywhere in Maricopa County, the decisions made in the first days matter. At Faussette & Faussette, PLLC, we begin by listening carefully to your full account before developing a defense strategy.

We’ve practiced since 2013, and our attorneys bring more than 30 years of combined experience in criminal defense, family law, and more to every case we accept. We offer a free 15-minute initial consultation for sex crime matters, available in person or virtually, so you can get honest answers without commitment.

Facing a rape or sexual assault charge in Phoenix? Contact Faussette & Faussette, PLLC today at (602) 905-2833 to schedule your free 15-minute criminal defense consultation.

Sexual Assault Under Arizona Law

Arizona uses sexual assault as the formal legal term for what’s commonly called rape. Arizona Revised Statutes (A.R.S.) § 13-1406(A) defines sexual assault as intentionally or knowingly engaging in sexual intercourse or oral sexual contact with another person without that person’s consent. The absence of consent is the central element that distinguishes this conduct as a Class 2 felony.

Related charges may be filed alongside section 13-1406 or instead of it, depending on the alleged facts. These can include related sex crime charges such as sexual conduct with a minor under section 13-1405, sexual abuse under section 13-1404, and violent sexual assault under section 13-1423. Because each charge has different elements, we examine the statute, allegations, and available evidence together.

Sexual Conduct with a Minor Under Arizona Law

Sexual conduct with a minor, sometimes called statutory rape, is separate from sexual assault. Arizona Revised Statutes § 13-1405 applies when a person intentionally or knowingly engages in sexual intercourse or oral sexual contact with someone under 18. While sexual assault centers on the absence of consent, this statute defines the offense based on the minor’s age.

The classification depends on age and whether the accused held a position of trust. Conduct involving a minor who is 15, 16, or 17 is generally a Class 6 felony, though it’s a Class 2 felony if the accused is or was in a position of trust with the minor, and can be charged as a Class 4 felony in certain other circumstances defined by statute. Conduct involving a minor under 15 is a Class 2 felony sentenced under section 13-705.

Arizona law provides specific age-related defenses in cases involving a 15-, 16-, or 17-year-old. One addresses situations in which the accused didn’t know and couldn’t reasonably have known the person’s age. Another applies when the conduct was consensual, the age difference was no more than 24 months, and the accused was under 19 or attending high school. Determining whether a statutory defense applies requires close review of the ages, relationship, communications, and other case facts.

How We Defend Sexual Assault Cases in Phoenix

Sexual assault prosecutions commonly rely on witness testimony, forensic evidence, electronic communications, and statements made during police interviews. Some cases involve conflicting accounts, questions about consent, misidentification, or allegations that don’t reflect what happened. We ground our investigation in the actual record rather than assumptions about the accusation.

Our defense process includes:

• Full record review: We examine police reports, investigative records, and witness statements from the start
• Digital and electronic evidence analysis: We review text messages, emails, and social media content for context, inconsistencies, and details relevant to the allegations
• Forensic and DNA evidence evaluation: We assess testing methodology, chain of custody, and potential laboratory error
• Constitutional challenges: We identify evidence obtained without a valid warrant or through other violations of constitutional rights and challenge it when appropriate
• Trial preparation and negotiation: We prepare a comprehensive trial strategy while evaluating whether negotiation serves your interests

Throughout this process, we explain your legal options and the realistic consequences of each path. You receive the information needed to make informed decisions about your defense.

Personalized Defense & Direct Communication at Every Stage

At Faussette & Faussette, PLLC, personalized attention isn’t a marketing phrase. We build your defense strategy around the facts of your situation, your goals, and what the evidence shows instead of applying the same playbook to every case.

We communicate honestly about what’s working, what isn’t, and what your options genuinely are at every stage. That combination of individualized advocacy and direct communication reflects our firm’s approach.