Jo-Anna Nieves
Founding Attorney
Martinez Rape Lawyer
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Accusations of rape can quickly turn your life upside down, both personally and professionally. You may face irreparable damage to your reputation, family, and career, especially if you are convicted. You could also be facing a lengthy prison sentence and hefty fines, as well as mandatory sex offender registration.
Fortunately, a Martinez rape lawyer could explain what defenses may be available to you. A dedicated criminal attorney could assist you in exploring these defenses and creating a strategy that is best suited for your case.
Under California Penal Code § 261, rape is an act of sexual intercourse that involve a lack of consent and threats, violence, coercion, or fraud. This code section includes various situations that are indicative of lacking consent, such as physical or mental disability, unconsciousness, and impairment by alcohol or drugs. If the subjects of the alleged rape are otherwise unaware or not conscious of the fact that sexual intercourse has occurred, then he or she have not consented to the act.
Furthermore, this code section outlines some particular situations that constitute rape, including:
Individuals who commit acts of fraud or deception or who pretend to be someone else to carry out sexual intercourse also commit rape under this section. As these examples illustrate, factual circumstances have a significant effect on whether an act of sexual intercourse is considered rape. Proving consent can be difficult, so individuals may wish to consult a rape lawyer in Martinez for legal advice and representation.
A separate rape offense is statutory rape, which occurs when adults who are over the age of 18 engage in sexual intercourse with minors and who are not their spouses. Cal. Pen. Code § 261.5 permits statutory rape offenses to be charged as misdemeanor or felony offenses, depending on the respective ages of the parties involved.
For instance, if the ages of the accused persons and the alleged victims are within three years of one another, then the charge is a misdemeanor. However, if there is an age difference between the parties of more than three years, or if the adult is over 21-years-old and the child is under 16, the offense may be either a misdemeanor or a felony.
Rape is a felony offense under state law that can result in up to eight years in prison, high fines, and required sex offender registration for life. Individuals can face a lengthier prison sentence, up to 13 years, if he or she caused significant bodily injury to others in the course of committing a rape. A rape conviction also counts as a “strike” under the state “three strikes” law, which can result in far lengthier prison sentences for those with previous “strike” offenses already on his or her record.
Statutory rape has less harsh consequences, which vary depending on whether it is a misdemeanor or felony charge. A felony statutory rape charge can result in up to four years in prison, whereas a misdemeanor conviction can cause a maximum one-year jail sentence. Individuals can also face civil penalties for a statutory rape conviction that range from $2,000 to $25,000.
Due to the severity of these penalties, it is important to speak with a rape attorney in Martinez.
Being accused of engaging in nonconsensual intercourse can highly stressful and overwhelming. Getting the help of a Martinez rape lawyer is likely to be beneficial to you.
Rape cases can be complicated and require the skills that only experienced criminal defense attorneys could provide. With a strong legal advocate on your side, you may experience a favorable outcome to your charges. Call us today.
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.
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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
