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Being accused of raping someone could have devastating impacts on your life, even without a guilty verdict. For this reason, it is important to seek guidance from an experienced defense attorney in the area early in the case.

A hardworking San Leandro rape lawyer could explain the specific charge you are facing and help build a strong defense against these allegations. Do not hesitate to seek seasoned representation.

How is Rape Defined in California?

There are two elements that must be present for someone to be charged with rape. The accused and the complaining witness must have had sexual intercourse and the complaining witness did not consent to the act.

In addition, there are a number of different rape charges. For example, there are cases where somebody cannot consent or resist the assault because he or she is mentally or physically handicapped. In other cases, a rape can be coerced due to use or threat of force, fear, or violence.

The age of the alleged victim can also change what type of rape charge a person could face, as well as whether the victim was conscious or not. Some common rape charges include, but are not limited to:

  • Statutory rape
  • Date rape
  • Rape by False Pretense
  • Rape by Force, Threat of Harm, or Harm to Others

Regardless of the specific type of rape charge a person is facing, it is vital that he or she contacts an experienced defense attorney from the area to protect his or her freedom.

Potential Penalties for Sexual Assault

Depending on the specific type of rape charge a person is facing, he or she could be looking at up to eight years in prison in some cases, or up to 13 years in other cases. However, one thing that is important to know is that it is a strike and requires registration as a sex offender.

Aggravating Factors

There are always enhancements that can be added to charges depending on whether the accused used a weapon during the assault. Additionally, rape is a charge that can be added to other types of charges as well to make them more severe. For example, kidnapping with the intent to commit rape is an aggravated kidnapping charge rather than just kidnapping and can lead to a life sentence in prison if convicted. For this reason, a San Leandro attorney could be highly beneficial for someone facing rape charges, even if the primary charge is not an actual sex crime.

How Do Rape Cases Compare to Other Sex Crimes?

Rape cases are the most severe kind of sex offense a person could face. This makes it more important to approach these cases with a particular sense of attention to detail and investigation. Oftentimes, defense teams have to take these cases slowly because over time, more and more evidence will surface and the strength of evidence changes as time progresses.

Speak with a San Leandro Rape Attorney Right Away

Due to the severe personal, professional, and criminal impact a rape conviction could have on your life, it is highly encouraged to get in touch with an experienced legal representative from the onset of your case. A San Leandro rape lawyer could review your case and help gather important evidence to minimize the potential penalties you are facing, or potentially get the case dropped altogether. To learn more about how our team could help you, call our office today. Your first consultation is always free.

Top-Rated Criminal Defense Lawyers Serving the Bay Area

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 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.

Meet Our Team

Our Criminal Defense Attorneys: How to Take Back Control of Your Life, And Your Future.

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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