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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Oakland Rape Lawyer

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.

Penalties for Rape Convictions

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:

  • Probation or parole
  • Restitution
  • Counseling
  • Fines
  • Fees

Aggravating Factors

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.

Importance of Hiring an Experienced Felony Lawyer

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.

How an Oakland Rape Attorney Could Help

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.

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Oakland Rape Lawyer

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