Jo-Anna Nieves
Founding Attorney
Dublin Rape Lawyer
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Although accusations of rape, like all sex crimes, can be devastating and carry the potential for severe consequences, you may be able to fight back and ultimately overcome charges. Rape allegations may prove to be false, perhaps due to misidentification, miscommunication, revenge, or some other form of retaliation. When this situation occurs, you may need to enlist the services of an experienced Dublin rape lawyer for help.
Under California Penal Code § 261, rape occurs when individuals carry out nonconsensual sexual intercourse with others by making threats, using force, or committing fraud. Sex may be nonconsensual not only when the targets of the alleged act protest, but also when they are incapable of consent due to mental disorder, disability, intoxication, impairment by a controlled substance, unconscious, asleep, or otherwise unaware of what is happening. Likewise, rape may occur when a public official or someone whom others reasonably believe is a public official carries out nonconsensual sexual intercourse on the threat of arrest, incarceration, or deportation.
Another rape offense is statutory rape under Cal. Pen. Code § 261.5, which occurs when individuals have sexual intercourse with a minor who is under the age of 18 and who is not their spouse. This offense is a misdemeanor if the accused is less than three years older than the accuser. However, if the accused is more than three years older than the accuser, then the offense may be a misdemeanor or a felony, depending on the circumstances.
Rape is a felony offense under California law. As a result, a conviction can result in three, six, or eight years in prison, fines of up to $10,000, and mandatory registration as a sex offender for life. As the penalties for a rape conviction can be severe and life-altering, anyone facing rape charges may wish to contact a rape lawyer in Dublin for advice.
The potential penalties for statutory rape depend upon the relative ages of the parties at the time of the offense. As a misdemeanor, statutory rape is punishable by up to one year in jail. For a felony conviction, the sentence of incarceration can be as much as three years; however, if the accused is over the age of 21, and the accuser is less than 16, then the maximum jail time can increase to four years.
Individuals convicted of statutory rape also can face civil fines that vary in amount according to the age difference between the parties. These fines can range from $2,000 for statutory rape between an adult and a minor who is less than two years younger than the adult, to $25,000 for statutory rape that occurs between an adult over the age of 21 and a minor under the age of 16.
A rape conviction requires mandatory sex offender registration for life. A conviction for statutory rape does not automatically require sex offender registration. However, judges have the discretion to require sex offender registration for individuals convicted of statutory rape if they find that the individuals committed the act out of sexual compulsion.
California sex offender registration laws require that individuals register with local law enforcement agencies in the cities and counties in which they work within five business days. They must also reregister annually or perhaps multiple times per year, depending on the nature of their conviction and their living circumstances. As an attorney in Dublin may advise, violation of the requirement to register as a sex offender is a separate criminal offense that can be a misdemeanor or a felony offense.
When you are facing charges of rape or statutory rape, the stakes are very high. You could face prison time, thousands in fines, and mandatory registration as a sex offender for life. As a result, you should not hesitate to consult with a Dublin rape lawyer for advice.
Making an effort to retain legal help can be crucial to a positive outcome in your case. Call today to schedule a confidential consultation
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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Successful Immigration-Safe Resentencing
Case Dismissed after Completion of Deferred Entry of Judgment
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
