A mistaken identity defense is when a defense attorney may argue that the defendant was not aware that the victim’s age was lower than the victim had purported.In addition, the defendant had made reasonable attempts to determine the victim’s age, such as checking a driver’s license.The law suggests that those who are below Arizona’s age of consent, which is 18 years old, are unable to consent to sexual activity with an individual who is older than them.For those who are charged and convicted under Arizona’s statutory rape law, the consequences are high and severe.Under subsection (f) of Arizona Revised Statutes 13-1407, your defense attorney can bring a Romeo and Juliet defense if the victim is age 15, 16, or 17 and the defendant is under 19 years of age or attending high school and is no more than 24 months older than the victim and the conduct is consensual.An example of when the Romeo and Juliet defense may apply is if consensual sexual intercourse has taken place between the victim who is 17 years old and the defendant who is 18 years and is attending high school or has graduated.If you are charged with statutory rape, then you are likely to face a felony charge.
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On the other hand, if you are found guilty, a class 2 felony is much more severe.The firm has handled numerous criminal defense cases and is wholly prepared to defend you and your rights in today’s challenging criminal justice system. Tyler graduated from Arizona State University Law School and was admitted to the Arizona Bar in 2009.He represents clients in Employment Law, Estate Planning, Criminal Defense, and DUI & Traffic Defense matters.The exact classification of the felony charge ultimately depends upon the victim’s age, as explained by Arizona Revised Statutes 13-1405.
If you are found guilty, a class six felony, the crime can lead to one year in prison.
Most teenagers experience intense emotions, rampant hormones, and according to recent scientific studies – a reduced ability to make reasonable decisions due to an underdeveloped brain.