In Oakland, rape is defined as non-consensual sexual intercourse with someone else. People can be charged with forcible rape, rape of their spouse, and statutory rape. The rape can be done by means of force or tricking someone into believing they are having sex with someone else through fraudulent impersonation. It can be also by way of threat or coercion, or it could be similar to the Brock Turner Stanford case with somebody who is unconscious or incapable of giving their consent.
If you are facing charges or accusations of rape, you should contact an Oakland rape lawyer today. An experienced criminal defense attorney could help give you advice and build a defense.
A rape is charged as a felony in most cases, so the biggest penalty following a rape conviction would be incarceration in state prison. A conviction can lead to several years in state prison, depending on the age of the accuser and surrounding circumstances, such as the use of force and any separate acts involved. In addition to state prison time, there is the penalty of being required to register as a sex offender for life under Penal Code section 290. Other possible penalties include:
A possible aggravating factor to a rape charge is the age of the alleged victim, whether that person is under the age of 18 or under the age of 14. The use of force versus unconsciousness is another factor. If someone uses physical force, violence, or the threat of violence to put another person in a position of fear of bodily harm or danger, then those are going to be aggravating factors that may increase the penalty of the charge.
It is important to hire an Oakland rape lawyer with experience handling felony cases because the exposure and the possible penalties in a rape case are very serious. In all circumstances, there is the likelihood of being required to serve time in state prison versus county jail, and there is the requirement to register as a sex offender for life. Ultimately, it is a crime that cannot be expunged if the individual serves time in state prison.
A rape charge typically cannot be reduced to a misdemeanor, and it will not be eligible for a certificate of rehabilitation depending on the exact conviction. It is important to have an attorney who can negotiate terms that do not have such a permanent damaging effect and can strategically navigate the case.
A criminal defense lawyer could help by seeing if there are weaknesses in the case. Hiring the right expert to investigate the validity of the claims is important. If the a case has evidentiary issues, a lawyer could prepare it for trial, hire the right investigators, do a background investigation into the accuser, and see if there are ways to show credibility issues with the accuser’s claims. If there is evidence of guilt, a lawyer could potentially find other crimes that would be less severe than a rape conviction. They could find ways to do damage control for the future and set the client up so that in the event of a conviction, there is a way to clean it up on the backend.
If you have been charged with rape, you should contact an experienced Oakland rape lawyer as soon as possible. An attorney could stand by you and work to achieve a favorable outcome 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.
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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
