Rape Defense Attorneys in Orange County

Rape and sexual assault charges are very serious, and a conviction leads to heavy consequences. It requires a skilled legal defense to navigate the court process, defend the defendant’s rights, or fight for a case dismissal, exoneration, or a reduced charge or sentence. The effects of a conviction can last a lifetime, so don’t take any chances. Get the support you need from a trial-tested sex crimes defense lawyer whom you can trust to go the distance to defend you.

If you or a loved one has been charged with rape, sexual assault, or another sex-related crime, contact the team at OC Criminal Defense Attorney. Schedule a free consultation to speak with a highly skilled Laguna Hills and Orange County rape defense attorney to defend you against these serious charges.

How Can A Laguna Hills and Orange County Rape Defense Attorney Help?

Once on the case, our team of Laguna Hills and Orange County rape defense attorneys will begin reviewing your case to develop a solid defense strategy. Some of the most used defense strategies for rape or sexual assault charges include:

Falsely accused
The alleged victim gave consent
There is not sufficient evidence
A case of mistaken identity

Mistaken identity is the number one cause of wrongful convictions in the United States, as reported by The Innocence Project. After all, if a victim says that the defendant was the one who committed the crime, a jury has the tendency to believe the story. It is natural for a jury member to sympathize with a rape victim, even when the story is inaccurate or the wrong individual is accused of the crime.

Regardless of the situation surrounding your case, an Orange County rape defense lawyer can act to defend your rights in the Orange County courts, backed by our years of experience as trial and criminal law attorneys.

What are the Rape and Sexual Assault Laws?

Under California law, rape is committed when an individual has sexual intercourse with another person either without their consent or against his or her will. To be charged, the act must have occurred because of:

Force
Violence
Duress, menace or threats
Fear of bodily harm or retaliation
Fraud

When dealing with rape charges, lack of consent can mean that the victim was either:

Intoxicated and unable to give consent
Unable to give consent because of a mental or physical disability
Not aware of the nature of the activity, either because the person was asleep, unconscious, or convinced to engage in sexual intercourse via fraud

There are several other rape-related sex crimes that you may face penalties for in the state of California. These include:

Statutory rape
If you have sexual intercourse with a minor, you may face a statutory rape charge since minors are not legally permitted to give consent.
Oral copulation by force
This is similar to a simple rape charge but applies strictly to oral sex.
Spousal rape
These laws are almost identical to rape charges, but the defendant must be legally married to the victim.
Forcible penetration with a foreign object
This charge is also similar to rape but specifically involves the use of a foreign object such as a finger or adult toy as opposed to a sexual organ.
Sexual assault
This law prohibits touching someone for sexual arousal or gratification. The physical contact must be against the victim’s will and occur on an intimate part of the victim’s body. It is important to note that even if you are in a relationship with the victim, you can still be convicted if they have not given consent.

Because of the wide-reaching laws that revolve around rapes and other sexual encounters, you may find yourself charged with a crime that you didn’t even know you had committed. Put your case in the hands of the skilled Orange County sexual assault defense attorneys at OC Criminal Defense Attorney to ensure that your rights are defended and you receive a fair trial.

What are the Penalties for Committing Rape or Sexual Assault?

In California, rape is considered a felony, so defendants may face harsh penalties if convicted. Some of the penalties that you may face in a conviction may include:

Formal probation
Up to eight years in California state prison
A possible fine of up to $10,000
A possible strike on your record in relation to the California three strikes law
An additional three to five years in prison if the victim suffered substantial bodily harm

If the rape victim was a minor at the time of the crime, it is possible your penalties could be more extreme, with a prison sentence up to 13 years.

A rape conviction will include the requirement that the defendant must register as a sex offender. This requirement can prove to be more damaging than even the harshest prison sentence, as your criminal record is available to anyone who searches for you on the internet.

Penalties for rape crimes may differ based on the severity of the crime and the defendant’s prior record. Most rape-related crimes have the same possible penalties as a simple rape charge, with some exceptions. These exceptions include:

Oral copulation may be punished by three to eight years in state prison.
Felony sexual assault convictions may lead to up to four years in state prison, while misdemeanor convictions may warrant a six-month stay in county jail.

The consequences of a rape or sexual assault conviction are a very serious legal issue. Let our team of Laguna Hills and Orange County sexual assault defense attorneys help you fight the charges and achieve the best outcome possible for your case. Call to schedule a free consultation with our criminal lawyers today.

What are misdemeanor sex crimes?

Misdemeanor sex crimes are less serious crimes. California classifies an offense by the punishment authorized in its statute. Under California Penal Code Section 17, a felony is punishable by death, state prison, or specified county jail incarceration. Other crimes are generally misdemeanors unless classified as infractions. A misdemeanor sex crime will reflect the statute and subsection charged, not only on how serious the alleged conduct appears.

Some sex crimes are always misdemeanors or always felonies, but some may be charged as one or the other, depending on the case. For example, sexual battery can be charged as a misdemeanor or a felony, depending on the details. Misdemeanor cases usually do not have a preliminary hearing, which is a step used in felony cases. Also, just because a crime is a misdemeanor does not mean you will not have to register as a sex offender. The law lists which convictions require registration.

What are felony sex crimes?

Felony sex crimes are sex crimes that are not misdemeanors. A felony in California is a crime that can lead to a serious punishment, like time in state prison. Crimes like rape and some types of forced sexual acts are always felonies. Other sex crimes can be charged as a misdemeanor or a felony depending on what happened and which law applies. Details of the case and the possible sentence decide how the crime is classified.

Felony cases usually have a preliminary hearing after the first court appearance. At this hearing, the judge decides if there is enough evidence for the case to move forward. This is not a trial and does not decide guilt. Being convicted of a felony can affect your jail time, probation, gun rights, and more. The exact consequences depend on the crime you are convicted of.

What is the Sex Offender Registration Act? What are sex offender registration laws?

Under California Penal Code Section 290, those convicted of most sex crimes are required to register as “Sex Offenders” for life.

California’s Sex Offender Registration Act lists which crimes require registration as a sex offender. If you are required to register, you must do so if you live, work, or go to school in California. You also have to report your address and let local police know if you move or change jobs.

There are three levels of sex offender registration in California. Tier One usually means at least 10 years of registration, Tier Two is at least 20 years, and Tier Three is for life. Your tier depends on your conviction and other factors. If you are in Tier One or Two, you must ask the court to remove you from the registry after your minimum time is up. This does not happen automatically. A separate law controls what information appears on the Megan’s Law website.

What are the potential consequences of conviction?

A sex-crime conviction may create consequences through the criminal court and other agencies. The exact effects depend on the offense, sentence, immigration status, occupation, and rules of the program or agency involved.

Criminal Sentence: The court may impose custody, probation, fines, restitution, or other conditions. State sentencing guidelines could help determine the penalties imposed.
Employment and Licensing: Background checks may disclose a conviction to employers or professional boards. Licensing consequences depend on the profession and the offense’s relationship to its duties.
Immigration Status: A conviction may affect admissibility, removal, permanent residence, or naturalization. The precise record of conviction and the person’s status shape the immigration analysis.
Firearm Possession: California generally prohibits firearm possession after a felony conviction. Certain misdemeanors, including specified violations of Section 243.4, trigger a 10-year prohibition.
Voting Eligibility: A misdemeanor conviction does not suspend California voting eligibility. A felony conviction prevents voting while the person serves a state or federal prison term.
Financial Aid and Benefits: A conviction does not automatically eliminate every form of assistance. Eligibility depends on the governing program, custody status, and offense. Federal student-aid eligibility, for example, may be affected by incarceration.
Registration Duties: A registerable conviction may require ongoing reporting and possible public disclosure.

A conviction can affect a person’s ability to obtain employment, immigration status, voting rights, and financial aid, and may cause a jail or prison sentence. For sex crimes, there is also a lifetime registration requirement as a “Sex Offender” pursuant to California Penal Code Section 290.

How Much Does An Orange County Rape Defense Lawyer Cost?

Although the initial consultation is free, we will discuss the legal cost after reviewing your situation and determining the appropriate actions before you hire our team. Costs can vary greatly from case to case, so we do not discuss specific rates until learning more about the charges against you. Criminal lawyers typically charge a flat fee, but some cases may warrant an hourly rate.

Have you or a loved one been charged with rape or sexual assault? Contact the team at OC Criminal Defense Attorney to speak with a highly skilled Laguna Hills and Orange County DUI attorney to defend you against the charges. Call (949) 779-3799 to schedule a free consultation today.