Temecula Rape Defense Lawyer
Comprehensive Sex Crime Legal Support in Riverside County
If you've been charged with rape in California, it can have a detrimental effect on almost every aspect of your life, including relationships, employment opportunities, and living situations. Without someone on your side, fighting such charges can be an isolating experience.
As a Temecula sex crime lawyer, Attorney Grande knows that nothing is more important than preserving your innocence and can use his experience to work toward that. His extensive knowledge of California's legal system can benefit your case, but it is important to contact him as soon as possible.
Contact our Temecula rape attorney today to learn more about how we can defend you. Call now - (951) 221-4331
What is Rape in California?
Rape is a form of sexual assault. The law criminalizes sexual intercourse that occurs when at least one of the individuals involved does not consent.
While this is a broad definition the California Penal Code lists the following scenarios that could be considered rape:
- The victim lacked the capacity to give consent due to intoxication or physical or mental disability.
- Sexual intercourse occurred by means of physical force, intimidation, duress or threats of harm.
- Intercourse occurred while the victim was unconscious or asleep.
- The defendant persuaded sexual intercourse by means of fraudulent representation.
What are the Different Types of Rape Charges in California?
Under California law, there are three main types of rape charges you could be convicted of:
- Date Rape – Date Rape can be defined as non-consensual sexual activity between you and an acquaintance or friend.
- Spousal Rape – The law defines spousal rape as nonconsensual intercourse that occurs between you and your spouse without their given consent.
- Statutory Rape – Sexual intercourse between an adult 18 years of age or older and an individual under the age of 18. California law considers sexual intercourse with an individual under the age of 18 rape, even if that person gave consent. Individuals under 18 cannot give consent.
What are the Penalties for a Rape Conviction in California?
Rape occurs when someone forces a victim to have sex against the victim's will. Statutory rape occurs when an individual who is 18 years of age or older has sex with someone younger than 18 years old. Even if the act was consensual, the adult can still be charged with rape.
Rape charges vary based on circumstances and the age of the victim. Some of the potential penalties for rape in California include:
- Prison Sentence: Rape is a felony offense, and a conviction can result in a prison sentence ranging from three years to life, depending on the circumstances. If force was used, or the victim was underage or incapacitated, the penalties can be more severe.
- Sex Offender Registration: A conviction for rape in California typically requires the defendant to register as a sex offender. This can have a lasting impact on your life, as it may affect your ability to live in certain areas, work in specific professions, and maintain relationships.
- Probation: In some cases, a judge may offer probation instead of a prison sentence, particularly for first-time offenders. However, even probation can carry strict conditions, such as mandatory counseling, regular check-ins with a probation officer, and restrictions on where you can live or work.
- Fines and Restitution: In addition to the prison sentence, a rape conviction may result in substantial fines, restitution to the victim, and other financial penalties.
The severity of the penalties highlights the importance of working with a Temecula rape defense lawyer who can fight for your rights and work to reduce the charges or seek a favorable plea deal.
What Should I Do If I Am Falsely Accused of Rape?
If you are falsely accused of rape, the first step is to immediately contact an experienced Temecula rape defense lawyer who can guide you through the legal process and build a strong defense. It’s essential to remain calm, avoid direct contact with the accuser, and refrain from speaking to law enforcement without your attorney present. Your lawyer can help gather evidence, challenge the credibility of the accuser, and preserve relevant documentation that may support your innocence.
Additionally, ensure that you understand your legal rights and options throughout the process. Avoid discussing the case publicly or on social media, as anything you share could impact the case. With the support of your lawyer, you will be able to develop a defense strategy, whether that involves questioning the accuser’s testimony, presenting an alibi, or challenging the evidence. Protecting your rights and staying private about the case are key steps in defending yourself against false accusations.
Protect Your Future with a Skilled Defense
Facing rape charges is an incredibly stressful and frightening experience. The stakes are high, and the potential consequences are severe. A Temecula rape defense attorney can provide invaluable assistance by:
- Building a Strong Defense: Your lawyer will examine every detail of your case, including the evidence, witness statements, and the prosecution's arguments, to develop a defense strategy that maximizes your chances of success.
- Negotiating on Your Behalf: If the prosecution offers a plea deal, your attorney will negotiate on your behalf to secure the best possible outcome. This may involve reducing the charges or minimizing the penalties.
- Challenging the Evidence: A Temecula rape defense lawyer can challenge the evidence presented by the prosecution, including eyewitness testimony, forensic evidence, and the credibility of the victim. They will work to discredit the prosecution’s case and raise doubts about your guilt.
- Providing Legal Guidance and Support: Throughout the legal process, your lawyer will offer guidance, answer your questions, and provide emotional support to help you navigate the challenges ahead. They will ensure that your rights are protected every step of the way.
While fighting a rape charge is difficult, it is by no means impossible and Attorney Grande knows this first hand. He has successfully represented hundreds of clients throughout Southern California and would be honored to represent you, as well. Learn more about why you should choose The Law Office of David E. Grande for your criminal defense today.
Discuss your case with our Temecula attorney – Schedule a free consultation now to get legal advice. Reach out online or call (951) 221-4331
Proven Results From a Passionate Attorney
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PC 245(c) Felony - Assault with a Deadly Weapon on a Fire Fighter
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PC 242 Misdemeanor Battery
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PC 211 Felony/“Strike” Robbery
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PC 166(A)(4) Misdemeanor Violation of Court Order
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PC 148(a)(1) Misdemeanor