There are multiple elements in law that have an effect on the outcome of cases. One of the major factors always considered is the age of the people involved in the case. One of the most classic applications of age in legal matters is the age of consent. This has placed countless individuals in Arizona and beyond into legal trouble, both justified and otherwise. Given its sensitivity, it’s appropriate that we further discuss the age of consent in the state of Arizona and what it means for those who are facing cases where age affects what they can be charged with and even whether their actions were a violation of the law.
The age of consent is defined as the minimum age when a person is considered old enough to participate legally in any sexual activity. Age of consent differs from state to state. In Arizona, the age of consent is set at 18 years old. This means that a person who is 17 years old or below is not considered legally able to consent to sexual activity. This is because they are not yet considered an adult. Even if the person involved consented to the sexual act, if they are 17 years old or below, their partner can be implicated in a crime if they engage in any sexual act with them. Interestingly, these statutory offences make any sexual conduct a crime if one is not at least 18 years of age. This is actually relatively common in the practice of criminal law. This is due to multiple factors and it doesn’t necessarily involve adults with sexually predatory behaviors. As long as one of the parties involved is below the age of consent, their partner could potentially be charged with a sex crime, especially if their parent or legal guardian takes issue with the action. It is a relatively common occurrence for a number of reasons. First, both men and women under the age of consent may be involved in sexual acts, willingly or otherwise. Also, sexual experimentation and promiscuity are high in America, even at a young age. Those who can file charges for a sex crime include the minor himself/herself and their parents/guardians. Regardless of the reason for such charges, the consequences for the accused can be severe: it can even be filed as a felony charge, depending on factors such as the age of the child (the lower the age below the age of consent, and the wider the age difference, the harsher the penalties are), the presence of exploitation, coercion, and/or harassment, and involvement with other criminal acts (pornography, prostitution). Potential charges can increase further depending on these factors. The committing of a sex crime that involves minors, is heavily condemned worldwide for good reason. However, it must be recognized that not everyone who is charged with such a crime is rightfully indicted. A lot of these cases are filed as an act of retaliation, either by parents who do not agree with their child entering a relationship at a young age or someone who wants to get revenge on an ex. Because of the severe punishments involved in sexual acts committed under the age of consent, legal intervention is necessary to settle such cases fairly. Both the accuser (the person under the age of consent and/or their representatives) and the defendant (the person accused of being involved in sexual acts with a person under the age of consent) have the right to proper legal representation in such cases. That means getting the right criminal attorney to represent them in the process of resolving such cases. If you are dealing with a case involving the Arizona age of consent, the best thing you can do is to ask for legal advice. Get legal assistance here at Robert A. Dodell, Attorney At Law. A lawyer for more than 30 years, my practice focuses on criminal law. I can provide legal assistance in Scottsdale, Tempe and Mesa. for those who are either pushing a case on violation of the age of consent, or those who are being charged in such cases and feel that they are being wrongfully accused. Visit my office, call me, or visit my website to know more about my services or to set up an appointment. I am ready to help you out with this and other cases where the help of a criminal lawyer is needed. If you want to know more about the services of Robert A. Dodell, or set up an appointment, you can visit my office at 10601 N Hayden Rd, #I-103, Scottsdale, AZ. You can also call me at (480) 860-4321 or send an email to Robert@AZcrimlaw.com.
Arizona Age Of Consent: Some Important Facts Read more on: Law Offices of Robert Dodell Robert A. Dodell, Attorney at Law
10601 N Hayden Rd, #I-103
Scottsdale, AZ 85260
(480) 860-4321
This is especially so in Arizona, a state boasting arguably the toughest DUI laws in the United States. One of the most common questions I receive is if it is possible to get a DUI when you aren’t driving. In this article, I will try to answer this question and provide other handy info on the state’s DUI laws. The short answer to this question is “Yes”, you can still get a DUI offence even when you are not driving. This is made possible by the clause in DUI law known as “actual physical control”. This part of the law states that, if you are in actual physical control of a vehicle, even when you are NOT driving it, you can be charged with, and possibly convicted for, a DUI. Whether the person is in “actual physical control” or is driving, Arizona’s severe penalties are the same. It is still a major inconvenience that has affected many people based on our experience in handling these cases. So how does “actual physical control” come into play? Actual physical control can be invoked when your car is running, regardless of which seat you are in at the time of the apprehension. You can also be considered to have physical control of the vehicle even when the engine is turned off. If the car keys are slotted in the ignition (even when the car is not running) and/or you are sitting at the driver’s seat, you can be charged with a DUI as well. Also, being at the driver’s seat and having possession of the keys (ex.: in your pocket) can also be grounds to suggest you had physical control of a motor vehicle. There are other situations surrounding your arrest that can further increase your chance of being given a DUI charge, even when you are not driving. If your car is parked at an inappropriate spot, like in the middle of the road, you are more likely than not going to be assumed to have parked it while inebriated. If your car is obstructing someone’s private property or your presence is preventing another car from moving, you’re more likely to be flagged for a DUI. The worst thing is getting involved in an accident, even when your car is not moving. You cannot be charged with a DUI if you do not have alcohol or other illicit substances in your system. A DUI in Arizona is filed if you are in actual physical control or in the operation of a motor vehicle and (1) impaired to the slightest degree by alcohol or drugs, (2) have a blood alcohol concentration is measured at .08% BAC and above, or (3) have any illicit drugs in your system. So, how can you avoid incurring a DUI offence? Make sure to not drive with alcohol or drugs in your system. For everything else, it would be best to know your rights as a defendant. You can be indicted with a DUI if you are in possession of a motor vehicle and intoxicated. However, it must be ascertained first that you are indeed driving or in actual physical control of the vehicle and that you are acting inappropriately on the road. So, there you have it. Even if the terms may sound counter-intuitive, it is indeed possible that you can be charged with a DUI when you are not driving. If you are dealing with a DUI case and/or have been implicated in one, then you need legal help to protect your rights and keep your criminal record clean. The help of a criminal lawyer will prove valuable in such situations. You can get the legal help you need right here at Robert A. Dodell, Attorney At Law. With over 30 years of experience in criminal law, Attorney Dodell knows how to defend DUI cases in Tempe. If you want to know more about the services of Robert A. Dodell or you want to set up an appointment, you can visit the office at 10601 N Hayden Rd, #I-103, Scottsdale, AZ. You can also call me at