California Rape Attorney
Have you been charged with Rape? Do not face this charge alone! Let Weber Law help you today!
Rape is one of the most serious crimes you can be charged with, not only in California, but around the world. Specifically, in California, being found guilty of rape can come a lengthy imprisonment, and a stigma that will follow you for life. There are different aspects to the crime of rape, all of which come with serious penalties. Do not face these charges alone; do not face the court room alone. Let Weber Law help you today!
California Rape Charges and Penalties
What is Rape?
In California, rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator or under any of the following circumstances that include but are not limited to:
1.Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act.
2.Where it is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.
3.Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.
4.Where a person is at the time unconscious of the nature of the act, and this is known to the accused which includes, unconscious or asleep, was not aware, knowing, perceiving, or cognizant that the act occurred.
5.Where a person submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with the intent to induce belief.
6.Where the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official.
It is easy to get confused as to what rape is, as there are so many aspects to the statute, and that is why it is so important to seek legal counsel. The two aspects that the act of rape cover are the consent of the victim (whether they could give it or not) and the act being against the victim’s will (did they feel they could give consent?).
What is Consent?
Consent in the state of California is defined as the positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely, voluntarily, and have knowledge of the nature of the act or transaction involved.
Did the person feel threatened that they could not say no? Did the person say yes but then push the perpetrator away? These are all questions of consent, which is why an allegation of rape can be so complicated.
What is the Punishment?
Rape is punishable by imprisonment for three to eight years. Sentences can sometimes be negotiated down, but it is much easier with legal help.
Even as a Defendant, you still have Rights! Make sure yours were not violated!
Even as an individual facing criminal charges, you have rights, and it is important to know those rights and make sure that they were not violated in any way when you were arrested or charged. Without extensive knowledge of your rights when it comes to police searches, Miranda rights, and your rights when it comes to arrest, it is extremely difficult to get a dismissal or reduction. Do not try to fight these charges on your own—Weber Law is ready to help you today.
Contact Weber Law immediately if you’ve been arrested on a rape charge. We offer a free confidential case evaluation – serving Los Angeles and the surrounding areas.
How Can WEBER LAW Help You?
It can be scary and nerve wracking to have criminal charges on your record, but it has an added severity when a decade in prison, and the stigma of being a convicted rapist, is the outcome. The court system can be intimidating, and without good legal help, the consequences can be devastating. Our experienced team is comfortable looking at evidence, negotiating potential plea agreements, and defending you in court. There are ways to fight the allegation of rape. Weber Law will look at all the evidence available to the different aspects you could have been charged with, including but not limited to, speaking to potential witnesses, the circumstances surrounding the allegation, and even your criminal record. Weber Law will work to lower your charge or sentence. We will fight for you to keep your record clean. Rape, no matter the circumstances, is not a charge that you want to fight alone, let our team of experienced attorneys help you navigate the criminal justice system. If you or someone you know has been charged with rape in the state of California, contact Weber Law for your free consultation today.
CA Penal Code § 261, Rape, defined
CA Penal Code § 261.6, Consent; current or previous dating or marital relationship; admissibility of evidence or burden of proof
CA Penal Code § 264, Rape; punishment
A Los Angeles, California Criminal Defense Attorney Can Help You
Weber Law will aggressively fight for your rights. Contact us today!
We believe that justice is an idea that can triumph only when living people make it so. We are dedicated to justice. We wish to run a business that is at once profitable while allowing us to promote the rights of our fellow community members. We will stand for the poor when they are in need and their cause is just. We will work for any responsible business. We will represent all races, creeds, religions, sexes, sexual orientations, and backgrounds.
80 South Lake Ave. Ste. 590, Pasadena, California 91101