A.R.S §13-1402 Indecent Exposure Charges in Arizona
According to per A.R.S §13-1402, “when a person exposes his or her genitals or anus, or a female exposes the areola or nipple of her breast (not including when breastfeeding), and another person is present, and the defendant is reckless about whether such other person, as a reasonable person, would be offended or alarmed by the act,” then the person has committed the criminal act of Indecent Exposure.
In Arizona, if you are convicted of Indecent Exposure, you will either be convicted of a misdemeanor felony. If the crime was committed in front of a witness who is at least 15-years-old, then it qualifies as a misdemeanor. If the crime is committed in front of a witness or has not yet reached their 15th birthday, then it qualifies as a class six felony.
There are two key details to the A.R.S §13-1402 statute that deserve careful observation. In order for a person to be convicted of Indecent Exposure, it must be proven that he or she was “reckless” in regard to “offending” the witness. For example, if a male walks into a public restroom and sees the genitals of another man using a urinal, this does not give the person the right to be offended. It is perfectly reasonable to expect to witness nudity such as this in a men’s public restroom.
If you have been charged with Indecent Exposure, it is crucial that you contact a qualified attorney as soon as possible. This type of professional can help determine whether or not you actually committed the crime and if you did, a lawyer can help present mitigating reasons for having the charges dismissed or lowered.
If you need an Arizona Indecent Exposure attorney, contact the Dwane Cates Law Group today at (855) 525-5986.
Understanding the Possible Punishments for A.R.S §13-1402 Indecent Exposure Charges in Arizona
When arrested for indecent exposure, you may or may not have to spend time in jail. Most times, you will be arrested and released with a date to return to court. If, however, you are on probation for a prior conviction or charge, you may not be released because acquiring a new charge is most likely a violation of your probation. Whether you are released or not, you need to contact an attorney as quickly as possible to ensure your case is handled properly.
If you are convicted of Indecent Exposure as a misdemeanor, you will face a sentence ranging from probation to up to six months in jail. Your sentence will also likely include a $2,500 fine plus an 84 percent surcharge. Additionally, a judge can sentence you to be on probation for up to three years and mandatory counseling.
If you are convicted of Indecent Exposure as a first offense class six felony, you will face a sentence ranging from probation to up to one year in jail. A judge can also sentence you to four to two years in prison. The sentencing becomes much more extreme if you already have a felony conviction. If you have a single prior felony conviction, then the prison sentence can range from nine months to 2.75 years. If you have two prior felony convictions, then the prison sentence can range from 2.25 to 5.75 years.
Possible sentencing for Indecent Exposure also becomes much harsher if you already have a prior felony conviction for the same charge or Public Sexual Indecency to a minor. If you do, then your new conviction could warrant you anywhere from six to 15 years of incarceration.
As you can see, Indecent Exposure in the state of Arizona is not taken lightly. You potentially face extreme sentences with long jail sentences if you are convicted. Contact us today if you have been charged with Indecent Exposure. We want to assess your care according to all details involved to help you have the charges dismissed or lowered. And in the event that you are convicted, we can help show reasons as to why you deserve probation instead of time behind bars.
What Types of Defenses can be Used Against A.R.S §13-1402 Indecent Exposure Charges in Arizona?
When we present your case to the judge, we are going to do everything we can to prove that the reasonable person who witnessed your account should not have been offended. For example, there are many Indecent Exposure cases in the state of Arizona that involve nudity at adult bookstores. No, it is not okay for a person to walk around naked revealing their genitals at this type of store, but it is neither surprising or alarming either given the nature of the activities, along with the many types of merchandise, that are at these types of stores. If your case involves an adult bookstore, we will present it so that judge sees you were not being reckless in assuming a witness would not be offended.
Another important piece of defense that can be used against an Indecent Exposure charge is that you tried to limit other people from seeing you. Take for example that you are caught naked in your car. Unless someone was intentionally looking in your car, then you otherwise would not have been caught naked, thus meaning you did not go out of your way to present your nakedness to anyone. In other words, you were not reckless. Our law office has successfully represented cases in which we proved the charged person was not reckless in their behavior. In doing so, the charges were dismissed.
Our law firm has much experience in Indecent Exposure cases, giving us the ability and knowledge to approach them from a variety of angles. After carefully assessing the details of your case, we can choose which angle will be of the utmost benefit in having your charges dismissed or lowered. Many times, we are able to get these cases dismissed due to issues that have nothing to do with the criminal act you were charged with. For example, if you were arrested for Indecent Exposure and you requested to speak to an attorney but the cop continued questioning you anyway, this is grounds for a case dismissal to the “denial of right to Counsel.”
We have also approached these types of cases from a standpoint of “forensic flaws.” Take for example that in addition to Indecent Exposure you were charged with a DUI. Upon investigation of your case, we find that flawed procedures were used to collect a urine and blood sample from you. A “forensic flaw” such as this could be grounds for your entire case to be dismissed.
Understanding the Importance of an Indecent Exposure Attorney
As we have already pointed out, the possible punishment that you could receive as part of an Indecent Exposure conviction in Arizona is quite harsh. Not only could you be out thousands of dollars in fines, but you may have to spend a surmountable amount of time behind bars. You, of course, want to avoid fines and incarceration and that is why you need a qualified attorney on your side.
The exact details of your case will determine the best way to approach it. Not many lawyers will take the time to carefully examine every detail that your case has. Here at the Dwane Cates Law Group, we promise to scrutinize every detail and find every way possible to have your charges dismissed or lowered. If we are unable to achieve this, we will put together an extremely strong case outlining the exact reasons as to why your sentencing should include probation and no time behind bars. And in the unfortunate event that you are sentenced to jail or prison, we will bring present mitigating circumstances showing why the sentence should be kept to a minimum.
Contact us today to learn more about the importance of a qualified and experienced attorney when facing A.R.S §13-1402 Indecent Exposure Charges in Arizona.