Rape is a crime with extremely severe consequences under California law. Prosecutors, judges, and hurries treat rape charges harshly and often seek the maximum possible penalties. An Alameda rape lawyer may be able to assist individuals in building a valid defense to rape or related criminal charges.
One significant role that a criminal defense lawyer can play in a rape case is to investigate the situation that led to the allegations and determine the strength of the evidence against you. In some cases, individuals might be eligible for reduced charges. Furthermore, even if a conviction is impossible to avoid, a sex crimes attorney could still introduce as many mitigating factors as possible at the time of sentencing to reduce the potential penalties.
California Penal Code § 261 defines rape as any nonconsensual sexual intercourse with others using force, threats, violence, fear, coercion, or fraud. Sex qualifies as nonconsensual or against the will of individuals in various circumstances, including when individuals are:
Public officials and other authority figures also may commit rape when they use threats of arrest, incarceration, or deportation to carry out nonconsensual intercourse. A rape lawyer in Alameda may be able to establish whether consent existed in a specific circumstance, which can be instrumental to a potential defense to rape charges.
California law defines statutory rape separately from the general rape offense. Under Cal. Pen. Code § 261.5, statutory rape occurs when individuals engage in sexual intercourse with minors who are under age 18 and to whom they are not married. Statutory rape can be a misdemeanor or felony offense, depending on whether the parties were less or more than three years apart in age.
Rape is a felony offense that can have severe consequences. Individuals convicted of rape can face three, six, or eight years in prison, thousands of dollars in fines, and mandatory lifetime sex offender registration. The court might opt to add five more years to a sentence if the rape resulted in significant bodily injury to the alleged subjects of the rape.
Rape also qualifies as a “strike” offense under California law. As a result, if individuals are accused of rape and already have a conviction for another strike offense, they could face double the prison sentence if convicted on the rape charges. A third conviction for individuals with two prior strikes can result in a prison sentence of 25 years to life.
If charged as a misdemeanor, statutory rape carries a maximum sentence of one year in jail. If charged as a felony, however, statutory rape can be up to three or four years, depending on the ages of the parties. A statutory rape conviction can also result in fines ranging from $2,000 to $25,000.
Being convicted of rape also has collateral consequences that are exceedingly harsh, including mandatory sex offender registration. A conviction for statutory rape may or may not result in a sex offender registration requirement, depending on the findings of the sentencing judge.
Sex offender registration in California requires individuals to register with law enforcement agencies wherever they work within five business days. The frequency with which they must register depends on the severity of the conviction and other factors. As the ramifications of mandatory sex offender registration can be highly damaging to the futures of those who are required to register, it may be highly advisable for individuals facing charges to seek the advice of a rape attorney in Alameda.
Not only can the prison sentence for a rape conviction be lengthy, but its length can also increase if individuals have one or more prior convictions for crimes designated as “strike” offenses. An Alameda rape lawyer may be able to work toward building the defense that is most likely to be successful in your case. Retaining legal advice can help you determine the best defense strategy to pursue in your case.
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.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.
We work to resolve your legal problems so you can focus on what is most important
Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
