Statutory Rape Defense Attorney | Los Angeles, CA
California Statutory Rape – Unlawful Sex with a Minor Penal Code 261.5 PC
Under California Penal Code 261.5 it is illegal to engage in sexual intercourse with a minor who is not your spouse. In addition, the sentencing and punishment for engaging in unlawful sex with a minor can be severe. In order to convict you of California statutory rape charges, the prosecution must prove the following:
- You had sexual intercourse with the victim AND
- You and the victim were not married at the time of intercourse AND
- At the time of intercourse, the victim was under the age of 18
Law Advocate Group, LLP | Statutory Rape Defense Attorneys
There are a number of defenses that a California criminal defense lawyer at Law Advocate Group, LLP can raise on your behalf. Your attorney can argue:
- You held a good faith belief that the victim was 18 years of age or older
- You did not engage in sexual intercourse with the victim
- You were married to the victim
- The victim was not a minor
- Misdemeanor statutory rape – If you are no more than 3 years older than the victim, the offense is a misdemeanor punishable by up to a year in county jail and a maximum $1,000 fine.
- Felony statutory rape – If you are 21 years of age or older and the victim is under the age of 16, the offense is a felony punishable by 2, 3 or 4 years in county jail and a maximum $10,000 fine.
Each of these defenses can be raised depending upon the facts of your individual case. Be sure to consult a California statutory rape attorney at Law Advocate Group, LLP to learn more.
California statutory rape sentencing and punishment, according to the California Penal Code section 261.5, depends upon both your age and the age of the victim at the time of offense:
- Felony/misdemeanor statutory rape – If you are at least 3 years older than the victim (and the victim is not younger than 16), the offense is considered a “wobbler” which means it can be charged as either a misdemeanor or felony depending on the facts of your individual case and your prior criminal history. If charged as a misdemeanor you face up to a year in county jail and a $1,000 fine. If charged as a felony you face 16 months, 2 or 3 years in county jail and a maximum $10,000 fine.
Accusations of Statutory Rape Charges
No matter what the details of the charge are, accusations of any form of rape are very serious matters and carry stiff penalties. A conviction can bring life-altering consequences, often including a prison sentence, loss of employment, a damaged reputation and land you on the sex offender registry for a lifetime.
Our Beverly Hills Statutory Rape Defense Attorneys and our team of Los Angeles Rape Lawyers prepare for your trial with the end goal of winning your case. Unlike general criminal defense lawyers, we understand the motivations that can be behind a sex crime involving rape and statutory rape, as well as the psychology of the accusers. We thoroughly and painstakingly research the law and the evidence against you in order to build a stronger case on your behalf. We work with well-known private investigators and psychologists in order to thoroughly examine evidence to ensure you and your case are well-prepared for trial. Sometimes those who are being charged with statutory rape do not fully understand why they have been accused. That is where Law Advocate Group, LLP comes in. Additionally, the accused may not fully understand the charges they are facing, and not know if they should fight or take the plea bargain. We won’t take a plea bargain unless it is in your best interest, which often it is not.
The prosecution will have experts on their side, and you should as well. Trust your defense to the Law Advocate Group, LLP. Based in Beverly Hills, our firm can handle a broad range of cases involving statutory rape and criminal rape charges throughout Los Angeles and Southern California.
Seeking Legal Advice for Statutory Rape Accusations?
If you are convicted of unlawful sex with a minor in California, you may also face civil penalties and fines in addition to your underlying criminal sentence.
Our Statutory Rape Defense Attorneys are Experienced & Thorough
Law Advocate Group’s Statutory Rape Defense Attorneys are based in Beverly Hills, Los Angeles , CA, where our lawyers have acquired over 80 years of combined experience in legal representation. Our skills and knowledge are a top resource for our clients that has been recognized by industry peers and judges. If you have a criminal matter specifically involving Statutory Rape, please take a moment to fill out the form below so that we may get in contact with you.