Rape

Sexual Assault Defense Attorney in Phoenix

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

A sexual assault charge under Arizona law carries mandatory prison time, lifetime registration consequences, and immediate damage to your reputation before a single hearing has been held. If you or someone you know is facing this charge in Phoenix or anywhere in Maricopa County, the decisions made in the first days matter enormously. At Faussette & Faussette, PLLC, we handle sexual assault defense with the seriousness it demands, starting by listening carefully to your full account before we build any strategy.

We’ve been practicing since 2013, and our attorneys bring more than 30 years of combined criminal defense experience to every case we take. We offer a free 15-minute criminal defense consultation, available in-office 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 is commonly called rape. Under ARS 13-1406, sexual assault occurs when a person intentionally or knowingly engages in sexual intercourse or oral sexual contact with another person without that person’s consent. Consent is the central element, and its absence is what transforms the conduct into a Class 2 felony with mandatory prison time upon conviction.

Related charges are sometimes filed alongside ARS 13-1406 or instead of it, depending on the facts. These can include sexual conduct with a minor under ARS 13-1405, sexual abuse under ARS 13-1404, and violent sexual assault under ARS 13-1423. Understanding exactly what has been charged and what the prosecution must prove is the foundation of any defense.

How We Defend Sexual Assault Cases in Phoenix

Sexual assault prosecutions are typically built on a combination of witness testimony, forensic evidence, electronic communications, and statements made during police interviews. Many cases involve conflicting accounts, genuine questions about consent, misidentification, or accusations that don’t reflect what actually happened. Each scenario requires a different investigative approach.

Our defense process includes:

Full record review: We examine police reports, investigative records, and witness statements from the start
Digital and electronic evidence analysis: Text messages, emails, and social media content often contain details that contradict the prosecution’s narrative
Forensic and DNA evidence evaluation: We assess testing methodology, chain of custody, and potential lab error
Constitutional challenges: Evidence obtained without a valid warrant or in violation of Fourth Amendment rights may be suppressible
Trial preparation and negotiation: We prepare a comprehensive strategy for trial while evaluating whether negotiation serves your interests

Throughout this process, we make sure you understand your legal options and the realistic consequences of each path. We don’t make decisions for you. We give you the information you need to make confident decisions yourself.

Personalized Defense. Direct Communication at Every Stage.

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

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.

Start Your Defense with a Free Consultation

If you’re under investigation or have already been charged, don’t wait to get legal counsel involved. The earlier we can review the facts, the more options may be available. Faussette & Faussette, PLLC offers a free 15-minute criminal defense consultation, in-office or virtually, for those facing sexual assault charges or rape allegations in the Phoenix area.

Call us at (602) 905-2833 or reach out online to speak with a rape defense attorney in Phoenix.

Arizona Sentencing Ranges for Sexual Assault Convictions

A conviction under ARS 13-1406 carries mandatory prison time. There is no probation option for a standard sexual assault conviction. Sentencing ranges depend on prior felony history:

No prior felony convictions: Minimum 5.25 years, presumptive 7 years, maximum 14 years
One prior felony conviction: Minimum 7 years, maximum 21 years
Two or more prior felony convictions: Minimum 14 years, maximum 28 years

Sentence enhancements apply in certain circumstances. If the offense involved drugging the alleged victim with substances such as flunitrazepam, gamma hydroxy butyrate, or ketamine hydrochloride without their knowledge, the sentence may be increased by three years. A conviction involving the intentional or knowing infliction of serious physical injury can result in a life sentence, with no eligibility for release until at least twenty-five years have been served or the sentence is commuted.

Those convicted of sexual assault aren’t eligible for suspension of sentence, probation, pardon, or release from confinement until the sentence imposed by the court has been served or commuted. These ranges are why defense strategy from the earliest possible stage matters so much.

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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.

Common Defenses to Sexual Assault Charges in Phoenix

No two sexual assault cases are identical, and the defenses available depend entirely on the specific facts. Arizona law, including the statutory defenses listed under ARS 13-1407, recognizes several avenues that defense counsel may pursue.

Consent: If the alleged victim consented to the conduct and had the legal capacity to do so, that is a recognized defense under Arizona law
False accusations: Identifying a motive for a false accusation, such as a custody dispute, a personal conflict, or an attempt at extortion, is a legitimate and frequently explored strategy
Misidentification: In cases where the defendant and the alleged victim were strangers, challenging eyewitness or victim identification can be a core defense avenue
Alibi: Evidence placing the defendant elsewhere when the alleged offense occurred directly undermines the prosecution’s case
Constitutional violations: Evidence collected without a valid search warrant or in violation of Fourth Amendment protections may be suppressible, weakening the prosecution’s case significantly
Forensic evidence challenges: DNA, medical, and physical evidence are subject to questions of testing methodology, chain of custody, and lab error, all of which our attorneys scrutinize carefully

Our job is to identify which of these avenues applies to the actual facts of your case, investigate them thoroughly, and pursue them aggressively. That process starts with understanding exactly what the evidence says and what it doesn’t.

Sex Offender Registration After a Sexual Assault Conviction in Arizona

A sexual assault conviction in Arizona requires mandatory registration as a sex offender. Registration isn’t a formality. It can shape where you can live, where you can work, and how you move through daily life for years or decades after any prison sentence ends.

Arizona classifies sex offenders into three tiers based on an assessment of 19 risk criteria. Tier 1 represents the lowest assessed risk. Tier 3 represents the highest. Tier classification affects how long registration is required and what ongoing compliance looks like. In some cases, registration may be required for life.

Compliance obligations can include regularly updating personal information with law enforcement, reporting changes of address, and meeting other ongoing requirements. Failure to comply is itself a separate criminal offense that can result in additional charges and penalties. Housing and employment restrictions that accompany registration often persist long after the formal sentence is completed, making registration one of the most lasting consequences of a conviction.

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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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Collateral Consequences Beyond Prison & Registration

A sexual assault conviction creates consequences that extend well beyond the prison sentence and sex offender registration requirements. A permanent felony record appears in background checks and follows you into job applications, housing searches, and professional licensing reviews you face.

The collateral consequences of a conviction can include:

Professional license loss: Licenses in healthcare, education, law, finance, and other regulated fields may be revoked or denied following a sex crime conviction
Employment barriers: Employers routinely screen for sex offense convictions, limiting career options long after release
Housing restrictions: Landlords and housing programs commonly exclude individuals with sex offense convictions, and registration requirements create additional geographic constraints
Child custody and visitation: A conviction can affect your rights in family court proceedings, including custody arrangements and visitation access
Immigration consequences: Non-citizens convicted of a qualifying sex offense may face deportation or inadmissibility

The stakes reach far beyond the courtroom. A conviction can reshape nearly every area of your life for decades, which is why building an aggressive, well-prepared defense from the start is so important.

What to Do Immediately After a Sexual Assault Accusation in Phoenix

The steps you take in the hours and days following an accusation or arrest can significantly affect the direction of your case. The most important is also the simplest: exercise your right to remain silent. Any statement made to law enforcement without an attorney present can be used against you, even if your intent was to clarify or cooperate.

Don’t speak with detectives or prosecutors before contacting a rape defense lawyer. That applies whether you’ve been formally charged or are still under investigation. Pre-charge intervention, engaging defense counsel before the prosecutor files charges, can sometimes influence whether charges are filed at all, what charges are ultimately filed, or how strong the prosecution’s case turns out to be. Faussette & Faussette, PLLC can become involved at the investigative stage, giving the defense a chance to engage before the case is fully built against you.

Preserve all communications, documents, and records that may be relevant. That means text messages, emails, call logs, social media exchanges, and any other material connected to the situation. What seems minor now may matter significantly later.

If you’re under investigation or have just been charged with rape or sexual assault in Phoenix, call Faussette & Faussette, PLLC at (602) 905-2833 for a free 15-minute criminal defense consultation.

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