Date rape is essentially the same thing as rape and involves a sex act without consent. However, while most rape cases involve a lack of consent due to force, threats, or fear, a key element of date rape cases is the existence of inebriation and the inability to formulate consent.
If you have been accused of having nonconsensual intercourse with someone who was intoxicated by drugs or alcohol, you could benefit from speaking with a San Leandro date rape lawyer. A hardworking defense attorney could help protect your freedom and ensure you are treated fairly throughout the litigation process.
Date rape is considered a serious felony strike offense punishable by time in state prison and felony probation or parole after release. The maximum penalty for a date rape case in California is eight years, but there can be additional enhancements added onto that.
If the alleged victim had been seriously injured during the rape, then a gross bodily injury enhancement could be added to the charge. In other cases, if the victim was kidnapped for purposes of rape, then the maximum penalty would be elevated to a life offense.
Additionally, if the alleged victim was a minor, the potential prison time will increase. A conviction would also require the defendant to register as a sex offender which could make future personal and professional endeavors very challenging.
People facing a date rape charge may hesitate to seek a local defense attorney because they believe that law enforcement will determine the crime did not take place or that they can explain their way out of the accusation. However, it is always a good idea for people to enlist the services of a skilled lawyer when charged with a crime, even if it seems clear that they are innocent.
This is because there are a lot of missteps that people can make when the investigation is taking place. A person may consent to searches or make statements against his or her self-interest. For example, sometimes, without consulting with a lawyer, suspects may admit to having sexual intercourse with the complainant or admit being present in the location where the offense occurred – even if completely innocent – these admissions can lead to further investigation and prosecution. It is common that investigators and prosecutors will believe the complainant and disregard the claim that the sex was consensual or did not even occur when someone has admitted that they were present or that sexual contact happened. It is best to speak with a sex crime attorney who can walk you through strengths and weaknesses of the case and help mount a strong defense to the accusations.
Working with a knowledgeable legal representative in San Leandro who has experience handling date rape and other sex crime cases could relieve some of the stress the accused is feeling. A lawyer could speak to the charging deputies, gather evidence, and advise the defendant throughout the litigation process. An attorney could also look for weaknesses in the prosecutions case to use as leverage for a reduced charges or dismissals.
Being accused of raping someone who was intoxicated can have devastating impacts on your life, especially if there are aggravating factors present. Fortunately, a San Leandro date rape lawyer could provide essential guidance and experience to help you build a strong defense against these allegations and avoid making mistakes that could harm your case.
Therefore, if you are facing charges of date rape, you should get in touch with a well-practiced defense attorney right away. Call our office today and discover what our team could do for you. Your initial consultation is always free.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Case Dismissed after Completion of Deferred Entry of Judgment
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All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
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Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
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