Falsely Accused of Child Molestation in an Arizona Divorce? Why You Must Hire a Criminal Defense Attorney Immediately

Divorce is never simple. But when a fight over custody results in an accusation of child molestation, the stakes get much higher. At VS Criminal Defense Attorneys, we understand how quickly a family law dispute can escalate into a criminal investigation. If you are facing this type of accusation, early attorney intervention is critical.

Our law practice does not involve divorce or family law. We exclusively practice the defense of felony sex crimes in Arizona. Over the years, we have had numerous clients who never anticipated being falsely accused of a felony sex crime in the context of accusations brought during divorce or custody battles.

When Divorce Leads To a Criminal Investigation

In some high-conflict divorces, one parent may accuse the other of sexually abusing the child. These accusations typically are made at the most emotional points during a custody dispute. Despite a lack of physical evidence, law enforcement agencies and child protective services must investigate any report that alleges harm to a child.

Once that begins, the suspect parent can be subjected to police interrogation, forensic child interviews, emergency no-contact orders, or even arrest. In some cases, felony sex crime charges are initiated based on the word of a child alone or one parent’s testimony. These kinds of cases can be investigated by the local police agencies, such as the Phoenix Police Department or Mesa Police Department, and prosecuted by the Maricopa County Attorney’s Office.

These are extremely serious charges. A conviction will result in mandatory prison time, lifetime sex offender registration, and irreversible damage to your family, reputation, and future.

The Limitations Of Your Divorce Attorney

You may believe that your divorce attorney can assist with this issue if you are already being represented by one. Family law attorneys are not equipped to defend felony sex crime accusations, however.

A divorce attorney cannot challenge criminal evidence, suppress evidence of police misconduct, or negotiate directly with the County Attorney’s Office. They do not receive training for trial defense or for pre-indictment criminal strategy. If you are charged with child molestation or sexual misconduct, you need a defense attorney who understands Arizona’s sex crime legislation and knows how to protect your rights.

At VS Criminal Defense Attorneys, we regularly represent clients who are under investigation or have been indicted for Molestation of a Child (A.R.S. § 13-1410) or Sexual Conduct with a Minor (A.R.S. § 13-1405). We also handle pre-indictment representation and DCAC (Dangerous Crimes Against Children) cases.

Our Legal Strategy in False Allegation Cases

In the majority of such cases, the accusation is not supported by police reports, medical findings, or prior complaints. It comes to the forefront in the midst of family breakdown, typically amid a divorce or custody battle.

Our lawyer group moves quickly to represent our clients. We investigate the reason and timing of the allegation, request and review forensic interviews, investigate whether the child has been influenced or coached, and, where appropriate, present mitigation evidence to the prosecutor before charges are filed.

We also instruct the services of expert practitioners to conduct psycho-sexual risk assessments, which can establish that our client poses no risk to children or society. This is normally an effective mechanism when attempting to refute the presumption of guilt in sex offence allegations.

Safeguard Your Future Before It Is Too Late

The minute there is an accusation, time is your most valuable asset. You may already be under investigation by the police or the Maricopa County Attorney’s Office, even though the charges may not have been formally brought yet. Evidence can be lost, statements can be misinterpreted, and the chance to avoid being charged can be lost quickly.

If you have been accused of child molestation or sexual impropriety as a result of a divorce or custody dispute, you need to act before the case explodes. Our office handles pre-charge / pre-indictment representation, which allows us to become involved early, protect your rights during the investigation, and potentially resolve the case before it escalates into a criminal prosecution.

Do not rely on your divorce attorney by yourself. Contact a criminal defense law firm that specializes in felony sex crime accusations and understands how to avoid charges being filed. Your freedom and your future are on the line.

Serving Clients Throughout Maricopa and Pinal County

VS Criminal Defense Attorneys represents clients throughout Maricopa County, including Phoenix, Mesa, Chandler, and Glendale. If you are facing a sex crime charge that has arisen out of a divorce, custody battle, or other domestic conflict, we stand prepared to act quickly.  Sex crimes defense attorney Michelle Skura appears in valley-wide courts and has defended serious sex crime charges brought by the Maricopa County Attorney’s Office.

Frequently Asked Questions About False Sex Crime Allegations During Divorce in Arizona

Can a divorce lead to criminal sex crime charges in Arizona?

Yes. In some contested divorce or custody cases, one parent will make false accusations of child molestation or sexual abuse against the other parent. Even without any physical evidence, Arizona law requires the police and the Department of Child Safety (DCS) to investigate any report of potential harm to a child.

Should I speak with the police or DCS if I am falsely accused?

No. If you’re under investigation, don’t speak to the police or DCS without first talking to a criminal defense attorney. Even seemingly innocent statements can be misused or taken out of context. Contact a lawyer who defends sex crimes before making any statements.

Can my divorce attorney also represent me for the sex crime accusation?

No. Family attorneys are not competent enough to defend criminal cases. If you are facing a felony sex offense charge, it is crucial that you retain a criminal defense attorney who is familiar with Arizona’s sex crime legislation, pre-charge representation, and trial litigation.

What is pre-charge or pre-indictment representation?

Pre-indictment or pre-charge representation allows a defense lawyer for a criminal defendant to get involved before charges are formally made. The early legal intervention can be used to protect your rights, influence the investigative process, and even prevent charges from being made in some cases.

Schedule a Confidential Consultation

At VS Criminal Defense Attorneys, we provide experienced representation for those who are falsely accused of sex crimes in Arizona, including Phoenix and other populated areas of Maricopa and Pinal County. If you are being investigated or have been charged, we encourage you to contact our office right away.

Call today to schedule a confidential consultation with sex crimes defense attorney Michelle Skura.