Have You or a Family Member Been Charged with Rape in California?
Our Rape Criminal Defense Attorneys Can Help.
Unfortunately, innocent people are charged with rape on a daily basis. Difficult relationships or chance encounters can result in an angry, jealous or vengeful person wishing to harm you or your reputation with a false allegation of rape. Mistaken identity can result in a charge of rape against a completely uninvolved and innocent person. A false accusation of rape can be harmful, frightening, and frustrating.
The consequences of being convicted of rape in the state of California are far more serious than you might expect. In addition to incarceration and financial penalties, you will be fighting to gain employment, housing and licenses in the face of being on the sex offender registry for the rest of your life.
Friends, neighbors, teachers, coworkers and employers will become aware of your situation and may hold it against you and your family members. But, a mere allegation of rape isn’t a conviction. An aggressive legal team who will back you up and fight to preserve your rights can protect your freedom and future.
Tully & Weiss criminal lawyers are here to help you avoid costly mistakes and build your powerful defense from day one.
Since you’re here, you’ve already taken that first step toward building a successful defense. Let us continue to help preserve your future. Located in Contra Costa, California, Tully & Weiss sex crime defense attorneys provide counsel in Alameda County, Santa Clara County, and throughout California.
Call us now for a free and completely confidential consultation:
Contra Costa 925.229.9700 | Alameda 510.269.9227 | North Cal 530.776.0840
What Is A Rape Crime Under California Law?
Under California Penal Code 261 PC, the crime of "rape" is defined as nonconsensual sexual intercourse accomplished by means of threats, force, or fraud.
There are a number of crimes that fall under the California rape law, including:
- Rape (261 PC)
- Spousal Rape (262 PC)
- Date Rape (261 PC)
- Statutory Rape (261.5 PC)
- Oral Copulation by Force (266c PC)
- Forcible Penetration with a Foreign Object (289 PC)
If you are being investigated for or have been arrested on a charge of rape, the prosecution is already constructing its case against you. It is crucial that you begin organizing your defense as soon as possible.
Selecting an expert legal defense team to take charge immediately is the best road to success in defending a charge of rape in California. The sooner we start building an aggressive defense, the better your chances of preventing a conviction.
Contact the Tully & Weiss Law Firm Sex Crime Defense Lawyers today:
Contra Costa 925.229.9700 | Alameda 510.269.9227 | North Cal 530.776.0840
What Are The Penalties For A Conviction Of Rape In The State Of California?
Under California law, rape is a felony. The penalties, fines and future consequences that result from a rape conviction can be severe and will change a person convicted of a rape crime forever.
The penalties for California rape may include:
- Formal probation and up to 1 year in county jail OR
- 3, 6 or 8 years in state prison
If the alleged victim sustains significant or substantial physical injury:
- A possible additional 3-5 years in state prison
- A maximum fine of $10,000, and
- A possible "strike" on your record (pursuant to California's Three Strikes Law)
If the alleged victim is a minor under the age of 18:
- 7, 9, or 11 years in state prison
If the alleged victim is a minor under the age of 14:
- 9, 11, or 13 years in state prison
Sex offender registration requirement (290 PC)
Most California rape convictions require lifelong registration as a sex offender. Exceptions to this rule include rape committed by fraud or by threatening to have the victim arrested or deported. Failure to register as a sex offender is a separate felony charge in itself.
Sex crime charges can adversely affect a person’s life forever. But an arrest for rape doesn’t automatically damage your record. Your best bet for fighting your case and protecting your future is to contact an experienced California sex crime attorney as soon as possible.
Our attorneys at Tully & Weiss Law Firm will develop your best defense to keep your record clean and work to have the charges reduced or dismissed altogether.
What Strategies Are Possible to Defend A Rape Charge In California?
As with most sex crimes in the State of California, many innocent people are wrongly accused of rape. At Tully & Weiss our sex crimes defense lawyers have a variety of proven defenses to cause the district attorney to reduce the charge or dismiss it completely.
Some of the legal defenses against rape charges in the state of California include:
Disproving the charge: In criminal law, the state is required to prove each element of the crime beyond a reasonable doubt (meaning proof by more than 50:50). Your defense attorney will work to demonstrate that one of the required elements was not present. For a prosecutor to prove a crime of rape occurred under California Penal Code 261, he must be able to prove the following elements:
- You and the alleged victim engaged in sexual intercourse,
- The alleged victim did not consent to the intercourse, and
- You accomplished intercourse through physical force, violence, duress, menace, fraud or imposing fear of bodily harm or retaliation.
False accusation: Because charges of sex crimes are so harmful to someone’s future, angry, jealous or vengeful individuals too often choose to falsely accuse innocent people. False accusation could be a complete defense to a rape charge. If you believe that someone (a coworker, neighbor, ex-partner) wanted to cause you harm by accusing you of rape and reporting false knowledge to authorities, our investigators will work tirelessly to gather evidence of the charge’s falsity.
Consent: Consenting to sexual intercourse means the person willingly cooperates in intercourse as an exercise of free will – voluntarily and with knowledge of the sexual nature of the act. If consent on behalf of the alleged victim was present, the charge of rape does not apply. Admissible evidence of consent is dependent on the specific circumstances of the situation and may or may not include, for example, a request for use of a condom or lack of resistance.
Mistake of Fact: If the alleged victim did not consent to intercourse, but you reasonably believed there was consent, the charge of rape may not apply and you may be entitled to an acquittal. The defendant must KNOW there was a lack of consent for a rape charge to apply and the prosecutor has to prove this beyond a reasonable doubt.
Insufficient evidence: A lack of sufficient evidence is a strong defense if there is no physical evidence that the rape actually occurred. You cannot be convicted of rape based on hearsay or the word of the accuser alone. Witnesses, medical proof or other physical evidence are required to prove a crime of rape occurred.
Mistaken identification: The highest cause of wrongful convictions for charges of rape in the State of California is mistaken identity of the accused. Victims who do not know the alleged defendant personally and must rely on foggy memories of the event or police photographs or line-ups can easily make a mistake in identifying the culprit. If a positive identification cannot be substantiated, allegations of rape can be dismissed.
Tully & Weiss Criminal Lawyers Deliver Your Best Defense against Rape Charges
Our mission at Tully & Weiss is to provide you with the most powerful defense possible. Defending your rights and your future against a sex crime charge requires a team effort. We immediately assemble an experienced, dynamic team of professionals who understand your individual situation and who are dedicated to ensuring an effective defense for your case.
Call a Tully & Weiss Sex Crimes Defense Lawyer Today at 925.229.9700.
The Tully & Weiss Criminal Law Firm serves clients throughout the Bay Area and the State of California. We have our principal office in Martinez in Contra Costa County covering in the cities of Concord, Pleasant Hill, Walnut Creek, Pittsburgh, Antioch, Danville, Hercules, Pinole, Richmond, San Pablo… We also cover all of Northern California, including Shasta, Alameda, Yolo, Solano, Butte, Sacramento, Yuba, Tehama, Trinity, San Joaquin, and Santa Clara Counties and beyond.