There is no distinction in California law between where a rape happens, whether it is in the course the date or between two strangers. Rape is defined as nonconsensual sexual intercourse accomplished either by means of force, fraud, threats, or if the alleged victim is unconscious and/or incapable of consenting.
If you are facing allegations of date rape, you could face serious penalties and long-term consequences. Rape charges are considered especially serious, both legally and socially, and prosecutors will work tirelessly to secure a conviction. For this reason, anyone accused of rape could benefit from the services of an Oakland date rape lawyer. An aggressive defense attorney could scrutinize the facts of your case and help you craft a solid defense. Call today to schedule a case review.
There are no specific elements of date rape allegations that are different from other rape case allegations. All rape cases contain the same allegations, meaning the prosecution has to prove: 1), that there was sexual intercourse; and 2), that the intercourse was nonconsensual, meaning it happened as a result of threats, use of force or fraud by tricking somebody, or the alleged victim was unconscious or incapable of consenting to the sex.
Those elements are present in every rape case. There is no distinction in the penal code in California between date rape and rape between two strangers who might not know each other. Date rape is common law terminology that is not distinguished in the California penal code.
The biggest difficulty is that in most cases of date rape there are no eyewitnesses aside from the accused and the accuser. In many instances, the alleged crime is not reported right away, so there may not be evidence to help the accused person. The passage of time makes it difficult because evidence may not have been preserved.
The lack of eyewitnesses also makes defending rape cases difficult. It often becomes a question of credibility, specifically the alleged victim versus the defendant. There may be reasons why the defendant should not or could not testify, which creates another problem for somebody charged with rape. If the jury only hears the alleged victim, the accused may very well be convicted on one person’s testimony unless a skilled Oakland date rape lawyer is able to show where the holes exist in the Government’s case.
The potential penalties following a date rate conviction could be a sentence of three, six, or eight years in state prison. If the person is convicted after a trial or with a plea bargain, they have to go state prison. They may not be placed on probation.
If the alleged victim of the rape was a minor, the penalties are significantly higher. The minimum sentence would be seven years, versus the three-year minimum sentence if the alleged victim was not a minor. The maximum could be 13 years.
If you are facing allegations of date rape, you should not hesitate to contact an experienced criminal defense attorney. These charges are serious, and a conviction could lead to years in state prison. Thankfully, with an Oakland date rape lawyer by your side, you could have skilled advocacy in and out of court. Reach out to a lawyer today to schedule a 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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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
