Statutory Rape

Statutory Rape

When a person is under investigation or is charged with statutory rape, their future, freedom and reputation are all at stake. Since statutory rape is a serious criminal charge, the accused needs to hire an experienced attorney to help him/her through this difficult point in their lives. This is when an experience defense lawyer can help.

If you have been accused of statutory rape in San Bernardino or Riverside County, contact us before speaking with law enforcement. Your defense lawyer is often in the best position to gather favorable evidence overlooked by the police which could lead to a dismissal of charges.


Statutory Rape Charges

Under Penal Code 261.5, it is unlawful to have sexual intercourse with any person who is less than 18 years of age. If the parties are within three years of age of one another, the offense will be considered a misdemeanor, otherwise the charge can be filed as either a misdemeanor or felony. In cases where the victim is under 16 years old, or under 14 in some cases, additional charges of child molestation may be brought by the prosecution.


Statutory Rape Penalties

Without an experienced attorney to be aggressive on their behalf, an alleged offender could potentially face:

  • Statutory fines of between $2,000 and $25,000
  • County jail time
  • Two, three or four years in state prison


Potential Defenses to Statutory Rape Charges

California is just one of several states that recognize a defendant’s actual and reasonable belief that the alleged victim was at least 18 years of age at the time of the sexual activity as a positive defense to the statutory rape charge. As the punishment and stigma associated with sex crimes such as statutory rape is severe, any person accused of statutory rape needs to get in touch with a criminal defense attorney well versed with these types of cases to start preparing a successful defense strategy.

Statutory rape defendants will need the help of an experienced attorney to help them answer the charges and come up with a defense that will end up in an acquittal or dismissal of the charges. Our team of professionals will go over the evidence the prosecution has and will come up with a defense that gives their clients the opportunity to beat the charges or position them favorably in plea negotiations.

Our Results Speak for Themselves

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.)