Sexual Assault Defense in Casa Grande

Former Pinal County Prosecutor Defending ARS 13-1406 Charges

A sexual assault charge is one of the most serious criminal accusations a person can face under Arizona law. ARS 13-1406 defines sexual assault as intentionally or knowingly engaging in sexual intercourse or oral sexual contact with another person without consent, and it’s classified as a Class 2 felony. Sexual abuse under ARS 13-1404 involves sexual contact rather than intercourse or oral sexual contact and carries different penalties. Sexual conduct with a minor is charged separately and involves different elements entirely. Which statute applies determines the sentencing range and the defenses available. When the alleged victim is under fifteen, sentencing shifts to ARS 13-705, Arizona’s dangerous crimes against children statute, which carries even steeper mandatory terms.

A conviction under ARS 13-1406 eliminates most forms of sentencing relief. The court can’t suspend the sentence or grant probation until the imposed term is served or commuted, except in narrow statutory circumstances. Certain aggravating factors push the mandatory minimums significantly higher.

Factors that affect sentencing exposure include:

• Serious physical injury: If the offense involved intentional infliction of serious physical injury, the court may impose a life sentence with no release eligibility for at least 25 years.
• Drug facilitation: If the assault involved administering flunitrazepam, GHB, or ketamine without the victim’s knowledge, the minimum, presumptive, and maximum terms each increase by three years.
• Multiple convictions: Sentences for separate sexual assault counts must be served consecutively, not concurrently.
• Sex offender registration: A conviction triggers a mandatory, lifetime registration requirement.

How We Approach Sexual Assault Defense in Pinal County

Attorney Terry R. Sutton prosecuted cases at the Pinal County Prosecutor’s Office before founding Sutton Law, P.C.. He was born and raised in Casa Grande and returned here to practice law. That background matters in these cases because it shapes how we read charging decisions, evaluate the strength of the state’s evidence, and anticipate how the prosecution will frame its case at trial.

Because sexual assault charges are regularly filed in the Pinal County Superior Court, we understand how local judges handle bond hearings, pretrial release conditions, and evidentiary disputes. We review police reports, digital evidence, and witness statements to identify weaknesses before the state locks in its theory of the case.

Common defenses include that no sexual contact occurred, that the contact was consensual, or that the accusation is false. Forensic evidence, including rape kit results, often plays a central role in these investigations. Our review of that evidence may expose procedural errors, chain-of-custody issues, or findings that don’t support the prosecution’s account.

If you’re under investigation or have been charged with sexual assault in Pinal County, contact us now for a free, confidential consultation. Call (877) 774-9344 or reach us through our contact form.