In California, rape is defined as the sexual penetration of another person without their consent. In order for it to be considered rape, the victim just has to say “no”. Several forms of rape exist, including:
Allegations of rape can damage one’s reputation and have serious consequences and a conviction can be a life changing experience. When facing such serious allegations, contact an experience defense lawyer who will fight the charges aggressively and come up with a strong defense. With rape allegations, “waiting to see what happens” is never the best approach. Contact a lawyer today to protect your legal rights and start building a defense.
It is very important to understand that rape is one of the more serious charges a defendant can be accused. The crime can be committed through the use of threats, force, violence, restraints, alcohol or drugs.
If an individual is charged with rape of an mentally or physically disabled victim (Penal Code 261(a)(1)), rape by force or fear (Penal Code 261(a)(2)), rape of a drugged victim (Penal Code 261(a)(3)), rape of an unconscious victim (Penal Code 261(a)(4)), or rape under threat of deportation (Penal Code 261(a)(7)), the sentencing range for conviction is three years, six years or eight years in state prison. Under California law, rape is a violent offense that will be considered a strike under California’s Three Strikes Law, which will serve to double the base sentence on future felony conduct as well as reduce the custody credits a prisoner may earn.
Statutory rape under Penal Code 261.5 is a wobbler (i.e., charges may be filed as a misdemeanor or as a felony). If convicted of statutory rape as a misdemeanor, an individual faces up to one year in county jail. Depending on the particular circumstances, a conviction for statutory rape as a felony carries a sentencing range of 16 months, two years or three years in state prison. , statutory rape
Spousal rape by force (Penal Code 262(a)(1)), by use of an intoxicant (Penal Code 262(a)(2)), of an unconscious spouse (Penal Code 262(a)(3)), by threat of retaliation (Penal Code 262(a)(4)) or by threat of arrest or deportation (Penal Code 262(a)(5)) are all felony charges, strikes under California’s Three Strikes Law and carry sentencing ranges of three years, six years or eight years.
All too often, police and the prosecutors trying the crime get overzealous when they deal with someone who has been accused of rape as it is such a terrible crime for the alleged victim. They tend to miss the inaccuracies of the victim’s story and they tend to forget to look for physical evidence. Police do not like to acknowledge that false claims of rape occur more than they would like. A false allegation of rape can stem from a person being angry, hurt or wanting revenge. By contacting a lawyer with experience handling rape cases will give you the best chance to beat the charges or negotiate a fair plea before trial. Your lawyer will assure that any evidence was collected properly and that searches and seizure were carried out without infringing on your rights under the Constitution.
Client charged with possession for sales and gang enhancement. Client faced 16 years in prison with the gang and prior strike allegation. Client turned down 8 year pretrial offer with prior attorney before going to trial. Not guilty on all charges at trial. (People v. Antwan B.)
Client charged with attempt murder, accessory after the fact and gang enhancement after shots fired at a dwelling. Client turned down 15 year pretrial offer. During trial, plea deal reached for probation with time served. (People v. Rudy B.)
Client charged with resisting arrest, obstruction of justice when cops performed a probation sweep at her residence. Client found not guilty on all counts at jury trial. (People v. Felicia M.)
Client charged with corporal injury to girlfriend after argument allegedly escalated. Client had significant exposure of 21 years because of prior strike, probation violation and GBI allegation. At trial, jury refused to convict client, returning hung verdict. (People v. Christopher P.)
Client charged with possession of methamphetamine for sale after traffic stop. Client claimed prejudice by prosecution’s delay in bringing the case to court. Motion filed on behalf of client asking the Court to dismiss the case as violative of client’s speedy trial rights. Motion granted and case dismissed. (People v. Shannon J.)