Phoenix Public Indecency Lawyer

Few accusations carry as much stigma as a public indecency charge. Even before your case is heard, your reputation, relationships, and career can suffer lasting damage. A simple misunderstanding or false accusation can spiral into a criminal record that follows you for years.

I’m Joshua A. Lopez, Esq, a Phoenix public indecency lawyer dedicated to protecting the rights and reputations of people accused of these highly sensitive crimes. Known by my clients as Attorney Josh, I’ve built my career on achieving strong results through smart strategies.

With 165 five-star Google reviews, I’m trusted by clients throughout Arizona for my intelligent, tactical approach to criminal defense. My guiding principle is simple: Smart Defense. Strong Results.

When everything you’ve built is at risk, you need more than just a lawyer—you need a strategist who knows how to protect your name, your freedom, and your future.

Understanding Public Indecency Laws in Arizona

Under A.R.S. §13-1403, public indecency occurs when a person intentionally exposes themselves or engages in certain sexual acts in public. While the charge might sound minor, it is taken seriously by prosecutors and can have devastating personal and professional consequences.

What Counts as Public Indecency

In Arizona, you may be charged with public indecency if you intentionally or knowingly perform any of the following acts in public:

• Sexual intercourse
• Oral sexual contact
• An act of sexual contact (touching another’s genitals, buttocks, or breasts)
• Exposing genitals or anus with intent to arouse or satisfy sexual desire

The act must occur in a public place or a location where another person is likely to be offended or alarmed by the conduct.

However, intent and perception play a major role. Many people are charged after misunderstandings, false reports, or actions taken out of context. As a Phoenix public indecency lawyer, I build smart, fact-based defenses that clarify what really happened—and why the state’s version of events doesn’t hold up.

Penalties for Public Indecency in Arizona

Public indecency may seem like a minor offense, but its consequences can be life-changing. The classification and penalties depend on the specific facts of the case.

• Class 1 Misdemeanor:
  For first-time offenders, public indecency is usually a Class 1 misdemeanor punishable by up to 6 months in jail, $2,500 in fines, and 3 years of probation.
• Class 5 Felony:
  If the alleged conduct involves a minor under 15 years old, the offense escalates to a Class 5 felony, carrying up to 2.5 years in prison for first-time offenders—and more for those with prior convictions.

In addition to legal penalties, being convicted of public indecency can lead to:

• Damage to your professional reputation
• Loss of employment or professional licensing
• Registration as a sex offender (in certain cases involving minors)
• Permanent criminal record impacting background checks and housing

That’s why a smart, strategic defense is essential. Even a single charge can have lifelong consequences, and I work tirelessly to ensure that doesn’t happen to my clients.

Common Scenarios That Lead to Public Indecency Charges

Many public indecency cases stem from misunderstandings, exaggerated claims, or false reports. Some of the most common situations include:

• Urinating in public mistaken as exposure for sexual gratification
• Romantic acts in a parked vehicle that were observed by bystanders or law enforcement
• False accusations during disputes or relationship conflicts
• Accidental exposure or wardrobe malfunctions misinterpreted as intentional acts
• Protests, performances, or artistic expressions mischaracterized as lewd conduct

In each of these cases, the intent behind the action is what truly matters. The prosecution must prove that you intended to arouse or offend others—a high bar that a smart defense can dismantle.

How I Build a Smart Defense

Defending against public indecency charges requires sensitivity, precision, and strategic planning. The accusations alone can be damaging, so every move must be deliberate and effective.

As your Phoenix public indecency lawyer, I take the following steps to build a powerful defense:

1. Analyze the Evidence

I examine every detail of the case—police reports, witness statements, body camera footage, and surveillance videos. Often, the evidence fails to prove intent or is based on unreliable observations.

2. Challenge the Element of Intent

Intent is the cornerstone of a public indecency case. Without proof that the act was done to arouse or offend, there’s no crime. I challenge the prosecution’s interpretation of your intent through logic, context, and evidence.

3. Identify Misconduct or Bias

Sometimes, overzealous policing or biased witnesses exaggerate what they saw. I uncover inconsistencies and expose any procedural violations or prejudicial motives.

4. Highlight Legitimate Explanations

From wardrobe malfunctions to innocent mistakes, I use facts and context to reframe the event for the court. What prosecutors call indecent may simply be a misunderstanding.

5. Protect Your Privacy and Reputation

Public indecency cases often attract unwanted attention. I handle your case discreetly, protecting your name and ensuring sensitive information remains confidential.

My approach is not reactive—it’s strategic, calculated, and always one step ahead.

Defenses Commonly Used in Public Indecency Cases

While every case is different, several key defenses are effective in challenging public indecency charges in Arizona:

Lack of Intent

If you did not intend to arouse or offend, you did not commit public indecency. Many cases arise from accidents or innocent conduct taken out of context.

Mistaken Identity

In crowded or poorly lit areas, witnesses often misidentify individuals. Surveillance evidence and witness inconsistencies can expose mistaken identity.

Insufficient Evidence

Prosecutors must prove guilt beyond a reasonable doubt. If evidence is weak, contradictory, or purely circumstantial, I move to have the case dismissed.

Constitutional Violations

If police conducted an unlawful search, seizure, or arrest, key evidence can be suppressed. I scrutinize every aspect of the investigation for procedural errors.

Unreliable Witness Testimony

Witnesses may exaggerate or misremember events, especially when alcohol or nighttime conditions are involved. I cross-examine witnesses to reveal inconsistencies.

By applying these strategies effectively, I’ve helped clients reduce charges, avoid jail time, and clear their names entirely.

The Importance of Acting Quickly

If you’ve been accused of or arrested for public indecency, time is not on your side. Early intervention is critical to preserving evidence, protecting your rights, and shaping how your story is told.

When you contact me immediately, I can:

• Speak to investigators before charges are finalized
• Prevent damaging statements or missteps
• Begin gathering exonerating evidence
• Strategically manage media or reputation risks

Waiting too long gives prosecutors the advantage. A smart, proactive defense from the start can often lead to reduced charges—or complete dismissal.

Why Clients Choose Attorney Josh

When your reputation and freedom are on the line, you can’t afford to gamble with your defense. Clients across Phoenix and Maricopa County choose me because they know they’re getting strategy, experience, and results.

Here’s what sets my firm apart:

• 165+ Five-Star Reviews: A proven record of trust and success across Arizona.
• Personalized Strategy: Every case receives individual attention—never cookie-cutter representation.
• Smart, Tactical Defense: Every move is calculated for maximum impact.
• Direct Access: You’ll always work directly with me, not an assistant or junior associate.
• Strong Results: I focus on dismissals, reductions, and protecting your record—because results matter most.

I don’t rely on luck or emotion—I rely on preparation, precision, and strategy. That’s how Smart Defense. Strong Results. becomes reality for every client I represent.

Frequently Asked Questions

Can a Public Indecency Charge Be Dismissed?

Yes. Many cases are dismissed due to lack of evidence, absence of intent, or constitutional violations during the investigation.

Will I Have to Register as a Sex Offender?

Not in most cases. However, if the alleged incident involved a minor, registration may be possible. I work aggressively to prevent that outcome.

Is Public Indecency a Felony or a Misdemeanor?

It’s generally a Class 1 misdemeanor, but it can become a Class 5 felony if a minor under 15 was involved.

Can Public Urination Lead to a Public Indecency Charge?

Yes, though it shouldn’t in most cases. Prosecutors sometimes overcharge. I can often show that the act was not sexual in nature and should not be criminalized.

Can I Keep My Record Clean After This Charge?

Absolutely. With a dismissal, reduced charges, or later expungement, you can protect your record and future opportunities.

Areas Served

I represent clients throughout Phoenix, Scottsdale, Mesa, Tempe, Chandler, Glendale, and across Maricopa County.
Whether you’re facing misdemeanor or felony allegations, you’ll receive personal, strategic representation built around your case, your goals, and your peace of mind.

How We Can Help

If you’ve been charged with public indecency in Phoenix, your future and reputation deserve protection by someone who understands both the law and the strategy behind winning cases.

At the Law Office of Joshua A. Lopez, Esq, I use intelligence, preparation, and precision to defend my clients against false accusations and overzealous prosecution. My mission is simple: to provide Smart Defense. Strong Results.

Call 480-386-1824 today for a free and confidential consultation. Let’s discuss your case, protect your reputation, and fight for your future—strategically and effectively.

When your name is on the line, you need more than defense—you need Smart Defense. Strong Results.