Being accused of having a sexual relationship with a minor is stressful. Not only could you face severe legal punishments, but your personal and professional life can be drastically impacted even without a conviction.
If you are facing statutory rape charges in San Leandro, do not hesitate to seek legal representation. A sex crimes defense attorney could investigate the crime and determine if there are any weaknesses in the prosecution’s case to potentially have the charges decreased or dropped.
In California, statutory rape is referred to as unlawful sex with minor and can be charged as either a misdemeanor or a felony. If there is less than a three-year age difference, then the crime is typically charged as a misdemeanor.
However, if the adult is more than three years older than the minor, it could be a felony offense. Especially if the adult is over the age of 21 and the victim is under the age of 16. Statutory rape is a crime that is age-based and does not require force or fear for a charge to be pressed, which is different than most other rape charges.
Statutory rape cases are treated like a strict liability offense. The defendant does not have to have a specific intent to engage in the crime but rather, if he or she engages in a sexual act where he or she knew or should have known that the person was under the age of 18, he or she could face criminal liability strictly for engaging in the act.
Furthermore, it does not matter whether the minor consented to the act. This is because, due to the age of the minor, he or she do not have the capacity to actually consent. If there is the presence of coercion, duress, threat, fear, or force, then the charge will likely be elevated from statutory rape to a more severe form of sex crime like Penal Code §287 – oral copulation, Penal Code §288 – lewd conduct on a child, Penal Code §289 – sexual penetration to name a few. An experienced local attorney could help someone facing statutory rape charges navigate the court process, present exculpatory or mitigating evidence, and litigating appropriate motions that attack the evidence in order to help the client put forth a meaningful defense.
As previously stated, statutory rape can be charged as a misdemeanor or a felony in California. When it is charged as a misdemeanor, it can result in up to 6 months or one year in county jail (depending on the age difference) and a $1,000.00 fine. Additionally, there is usually a term of probation following the period of incarceration.
Felony statutory rape offenses in San Leandro can result in anywhere from 16 months to three years in state prison. However, if the defendant were over the age of 21 and the alleged victim was under the age of 16, then the penalties are raised. In this case, the defendant would face two to four years in state prison and a fine of up to $10,000.00, followed by felony probation or parole. Since the crime is a wobbler, this could be served as a probation term in county jail as well.
While there is no mandatory sex offender registration when it comes to statutory rape crimes in California, sex offender related therapy, stay away orders, or other types of conditions can be ordered as a part of the sentence, including search clauses. Oftentimes with sex crimes, search clauses get attached because the law enforcement or probation wants to make sure that there are not any other child related crimes that may be going on, especially electronic based crimes such as child pornography. Also, even though sex offender registration is not mandatory, judges do have the discretion to require registration on any offense that the court finds, at the time of conviction or sentencing, was committed as a result of sexual compulsion or for purposes of sexual gratification.
Someone who is facing statutory rape charges in San Leandro should retain an experienced defense attorney from the onset of his or her case. A hardworking lawyer could investigate whether any actual intercourse took place, whether the alleged victim is actually a minor, and whether the defendant was aware the alleged victim was underage.
Defending a Penal Code §261.5 offense of unlawful sex with a minor without representation can be challenging. Call our office today and schedule a case consultation for free.
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
