Jo-Anna Nieves
Founding Attorney
Oakland Statutory Rape Lawyer
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Unlawful sex with a minor is commonly referred to as statutory rape. A violation of Penal Code section 261.5 occurs when an individual has a sexual relationship or sexual intercourse with a person under the age of 18. A minor is not able to technically give consent because the age of consent in California is 18. The simple fact that a person is engaging in sexual activity with a minor who is incapable of legal consent is a violation of the law and amounts to statutory rape.
If you were accused of statutory rape, you could face serious fines and a state prison sentence. Contact an aggressive Oakland statutory rape lawyer to build a defense against these charges. An adept sex crimes attorney could be your advocate and help keep your record clean.
As an Oakland statutory rape lawyer could explain, Romeo and Juliet clauses make exceptions when those involved in sexual intercourse are both minors and consent to the conduct. In California, there are no Romeo and Juliet exceptions. The age of consent is 18, and sex with a minor under the age of 18 is considered a crime, even if both parties are consenting and underage.
The role of lack of intent is rarely applicable with statutory rape because it is not a specific intent crime. The most applicable defense would be where the person reasonably believed that the minor was over the age of 18.
The presence of consent is not applicable in statutory rape charges because a minor cannot consent. Having consent does not play a role in defending statutory rape because it strictly comes down to whether or not that person was under 18, whether that sexual act took place, and whether the person who committed the sexual act with the minor reasonably believed that the person was over the age of 18.
Somebody who has had sexual intercourse with a minor can be penalized and punished for that act if it is a third-party allegation. For instance, a parent makes a report that their 16-year-old is having sex with a college student. If it is a true accusation, that is something that the college student could get prosecuted and convicted for.
Oakland prosecutors vigorously pursue cases of unlawful sex with a minor. The concern is whether a person is unduly influencing a minor and because a minor cannot consent, the onus is on the older party. These crimes are taken very seriously and can be prosecuted either as a misdemeanor or even as a felony. Whether it is prosecuted as a felony is going to depend on the age difference between the parties. If there is less than a three-year difference it will be a misdemeanor, if there is more than a three-year difference it can be a misdemeanor or a felony, and if the minor is under 16 and the adult is over 21 then it is punishable as a felony.
Penalties following a statutory rape conviction will depend on whether it gets resolved as a misdemeanor or a felony. If the charge gets resolved as a misdemeanor, the possible consequences are a year in county jail, a $1,000 fine, possible probation, and a counseling or treatment program. There may also be restraining orders, fines, fees, or restitution. For instance, if the accuser ended up needing some sort of therapy, counseling, or medical treatment, then those items may be possibly reimbursed.
For felony statutory rape penalties, it is a 16-2-3 triad. That means there is a 16-month minimum, a two-year midterm, and three years maximum in state prison. If convicted of a felony, a state prison sentence is possible as well as a $10,000 fine. If the accused is over 21 and the accuser is under 16, then the triad is 2-3-4. This means two years state prison, three years midterm, or four years maximum with a $10,000 fine. An Oakland statutory rape lawyer could work diligently to mitigate the penalties that an individual may face.
Statutory rape does not require somebody to be on the sex offender registry. A statutory rape conviction, whether it is resolved as a misdemeanor or a felony, is one of the few sex crimes in California that does not result in sex offender registration.
The primary defense that experienced statutory rape lawyers are going to put forward is that their client reasonably believed that the accuser was over the age of 18, or a relationship that existed, but that relationship was not sexual in nature. Those are the two main defenses that an Oakland statutory rape lawyer is going to be working on because it will not be persuasive that the minor “consented” to the sexual relationship. That is not a legal defense.
Contact an Oakland statutory rape lawyer to discuss the details of your situation. An accomplished criminal defense attorney could work with you to build an effective defense tailored to your specific circumstances.
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
