You will need assistance from the best Encinitas rape lawyers if you are facing similar accusations. The outcomes include a lengthy prison sentence. In addition, you must register as a sex offender. The conviction is added to the permanent record under the California three-strikes rule.
Undoubtedly, the rape charges have surprised you. Subsequently, you do not know how to proceed. Let our strong-willed lawyers take charge and remove that devastation from your life. We have decades of experience in defending clients who are facing the darkest days of their lives.
Encinitas rape lawyers are Experts in the Rape Law
The California Penal Code 261 defines rape as a sexual intercourse without consent. The crime uses threats, force, or fraud. It also discusses the possibility of penetrative sex with an unconscious individual who was unable to give consent. Rape involves
- The criminal used force or violence to convince the other person to perform sex. The legal system calls the time a simple battery or aggravated battery.
- Secondly, the rape involves duress. For example, the criminal threatened the victim with a frightening future. An employer scares the employee with a jobless life if they do not engage in sexual intercourse.
- Thirdly, rape also involves a simple assault on the victim or someone else. The criminal threatened or caused bodily harm.
- Lastly, rape can also involve fraud. For example, a lawyer persuades a patient to have sex to falsify medical records for personal gain.
Other circumstances
- The law considers sexual intercourse as rape if it occurs in the following circumstances:
- Firstly, a person who cannot give legal consent because of a mental disorder, developmental issues, or disability.
- Secondly, a person who cannot consent to the intercourse because of intoxication.
- Lastly, the person is in a state of deep sleep.
Encinitas rape lawyers will study the circumstances and factors of each case. On the other hand, the judge will do the same to determine the prison time and other charges.
Rape charges in California
Our Encinitas rape lawyers are experienced in the following rape charges according to the California Penal Code.
Penal Code 262
Penal Code 262 talks about spousal or marital rape. The details are exact to the Penal Code Section 261 which we discussed earlier.
Penal Code 261.5
Penal Code 261.5 is called statutory rape. The prosecution will charge the accused with the section if they believe the sexual intercourse occurred with someone who is under 18. However, consent is not an issue here. Primarily, the law assumes that the minors cannot give consent.
Statutory rape is a wobbler crime. In other words, the prosecution decides whether to proceed with misdemeanor or offense charges.
Date Rape
Encinitas rape lawyers understand that date rape is a complicated issue. It means two individuals who have decided to spend time together and engage in sexual activities. Legally, the circumstances place the situation under Penal Code Section 261.
Fraud
Penal Code 266c talks about engaging in sexual activities using oral or anal activities. However, fraud or false behavior was used to induce the behavior. It created a surrounding of fear. Thus, the victim was unable to give consent.
Forcible entry
Penal Code 289 mentions using a foreign or unrecognizable object to penetrate someone without their consent.
Which defenses do Encinitas rape lawyers use in court?
Many individuals do not understand that numerous circumstances can cause rape allegations. Furthermore, most of the defendants are completely surprised to discover that the state is charging them with tape. Because the scenarios of each are unique, the Encinitas rape lawyers at our firm customize their approach.
Consent
You do not convince a sexual partner to sign a consent perform before engaging in sexual activities. In other words, consent is verbal when the partner says yes. However, implication also means consent. A lawyer will argue that non-verbal implications are heavy breathing, moaning, or the partner removing clothes. In short, the action shows consent.
In addition, the reasonable belief clause means that the partner was consenting to sexual behavior. Therefore, consent comes in many ways.
False Identification
Rapes occur in dimmed environments. Moreover, the crime can also involve drugs or alcohol. As a result, the victim will falsely identify you as the attacker. Our Encinitas rape lawyers will request DNA evidence to acquit their clients of misidentification.
Wrong Accusations
The accuser is lying to you about performing rape because they seek revenge. Furthermore, their actions may also represent remorse. Our Encinitas rape lawyers are highly skilled in removing false accusations. They will perform a fierce cross-examination that will destroy the accusations from the accuser. In addition, the lawyers will also highlight the contradictions between accusations and reality.
What are the consequences of rape?
Encinitas rape lawyers warn their clients that a conviction will adversely impact their life forever. A rape conviction will result in a permanent criminal record. Consequently, you will face trouble finding a job or attending school. According to the Penal Code Section 290, you will have to register as a sex offender on a public website.
If you do not comply with the punishment, the court will increase your criminal charges. A court-convicted rape outcome includes the following punishments.
- Firstly, the person will spend eight years in jail. Furthermore, the court will add three to five years if the rape involves bodily harm. If the victim is under the age of 18, the court will increase jail time to 11 years.
- Secondly, you will have to pay a fine of $10,000.
- Lastly, the court will add a strike to your permanent criminal record.
The first meeting with Encinitas rape lawyers is completely free!
Rape charges will turn your life upside down. Your friends and family may look at you differently as you begin to lose grasp on the situation. You begin to suffer from depression as everyone outcasts. Of course, the possibility of prison life, a criminal record, and a bad reputation will scare anyone.
You can hire our Encinitas rape lawyers, who will come up with the best defense strategy so the court throws out the accusations. Visit our website today to schedule a meeting.