La Mirada Rape Attorney
If you’ve been accused of rape, your life could be changed forever. You may feel insecurity, fear, and uncertainty about how to defend your rights and protect your future. No matter the circumstances, it’s crucial to take these charges seriously and get robust legal representation. An experienced La Mirada rape lawyer from Shield Law, APC, can help you launch a strong defense strategy.
At Shield Law, APC, our team of empathetic attorneys has a strong track record of aggressively defending individuals who have been charged with rape in La Mirada and surrounding areas. We can work tirelessly to ensure you get a fair chance to defend yourself, making sure your trial is just and working to bring any weaknesses in the prosecution’s case to light. Together, we can champion your case and help minimize negative consequences.
Facing Charges for Rape in California? Here’s What You Need to Understand
Under California law, rape is considered a serious felony offense constituted by sexual intercourse of a non-consensual nature that occurs through fraud, threats, force, or when the victim cannot legally give consent due to mental incapacity, intoxication, or another reason. An experienced and knowledgeable criminal defense attorney from Shield Law, APC, can help you fight back against the following rape charges:
- Date rape. This involves non-consensual intercourse in cases where the victim was intoxicated to the point where they could no longer give their consent.
- Statutory rape. Even if consent is given in statutory rape cases, if there was sexual activity with a minor, these charges can be brought forward.
- Rape by fear or force. Any use of threats, coercion, or violence to engage in sexual activity constitutes rape by force or fear.
- Spousal rape. Rape that occurs within the institution of a marriage is known as spousal rape.
- Rape of an unconscious person. Any rape cases involving individuals who are not able to give their consent due to being unconscious, drugged, or asleep can fall under this category.
Individuals convicted of rape can face serious consequences, including long prison sentences with aggravating factors leading to extended time in prison. Additional consequences may include lifetime registration as a sex offender on California’s Sex Offender Registry. Those found guilty can also face financially debilitating victim restitution payments and fines.
Collateral consequences can lead to significant impacts on personal relationships, in addition to loss of housing and employment opportunities. If multiple victims, weapons, or force were involved, enhanced penalties may be issued.
How a La Mirada Rape Lawyer Can Help You Defend Against Your Charges
Being accused of rape does not mean you are guilty. A knowledgeable and thoughtful criminal defense attorney from Shield Law, APC, can help you launch a myriad of criminal defense tactics, including:
- Demonstrating consent. We can work to show that the alleged victim consented to sexual activity.
- False accusation. If you have been accused based on a misunderstanding or manipulation, we can work to bring the situation to light.
- Mistaken identity. If you have been misidentified or there is not sufficient physical evidence to show that you were the one who committed the crime, we can argue this defense in a court of law.
Ultimately, a compassionate attorney from our firm can fight fiercely on your behalf to ensure your rights are safeguarded and that you get a fair and just trial. Together, we can push for optimal case outcomes.
FAQs
Under California law, rape is defined as a crime that occurs when sexual intercourse is non-consensual. This means that any sexual intercourse that occurs as a result of threats, fraud, or force may constitute rape. Furthermore, if the victim is unconscious or not able to give their consent due to age, mental incapacity, intoxication, or another reason, this could constitute rape. An experienced attorney can help you understand the charges you face.
Potential penalties for a rape conviction in California are dependent on various factors, including the severity of the crime and the defendant’s criminal history. Rape convictions can come with severe consequences, including long prison sentences, lifetime registration as a sex offender, probation, fines, and parole restrictions. If the victim is a minor or if violence or force was used, additional penalties may be added.
If the alleged victim legally gave consent, you cannot be charged with rape. In many rape cases, consent is used as a key defense. This means that if the alleged victim engaged in sexual activity willingly, proving this in court can turn a case around. If, however, prosecutors argue that consent was taken back or legally impossible – due to age or state of mind – this can increase the complexity of the case.
Under California law, statutory rape is defined as sexual intercourse with an individual under the age of 18, even if they consent to the activity. Unlike traditional rape charges, statutory rape charges do not require proof of lack of consent or force. Individuals under the age of 18 cannot legally consent to sexual activities.
Possible defenses against rape charges include clearly demonstrating that the act was consensual, showing that the defendant was mistaken as somebody else, or proving that the prosecution does not have enough evidence to lead to the defendant’s conviction. Alibi evidence or DNA samples may also be leveraged to prove that the wrong person has been accused of the crime.
An experienced attorney can help you understand which defenses may be optimal for your case.
Fight Back Against Your Rape Charges Today – Secure an Empathetic La Mirada Attorney
If your loved one is under investigation or facing arrest for rape, time is of the essence. A La Mirada rape lawyer from Shield Law, APC, can provide you with crucial legal representation during this challenging time.
Together, we can go over the charges you’re facing, help you take steps to protect your rights and start building a solid defense strategy. Don’t hesitate. Contact us today to learn more about how we can fight for you.