If you have been charged with Statutory Rape in Orange County
, you should contact the Criminal Defense Attorneys at the Atias Law Firm to get in touch with a law firm that works with a team of professionals on the matter and that knows how to handle particular kinds of Statutory Rape
charges. The full text of the Statutory Rape laws in Orange County can be found in California Penal Code Section 261.5. To prove that the defendant is guilty of Statutory Rape, the Prosecutor must prove that:
- A person engaged in sexual intercourse with a minor
- That person was not married to the minor
- That person accomplished the act by any of the following including, physical force, violence, duress, menace, fear of bodily harm to oneself or to another, fear of retaliation, fraud.
Statutory Rape does not require lack of consent. The crime is committed regardless of whether the sex was consensual or even initiated by the minor. The Statutory Rape laws in Orange County
can be confusing to a defendant charged with a crime. The Criminal Defense Attorneys at the Atias Law Firm know the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed.
Reducing A Statutory Rape Charge To A Lesser Crime
Circumstances may allow the Prosecutor to charge you with Misdemeanor Statutory Rape, rather than Felony Statutory Rape. Whether your case should be charged as a misdemeanor or a felony will depend on the facts of your case and your criminal record. The Criminal Defense Attorneys at the Atias Law Firm may be able to show that your Felony Statutory Rape charge should be reduced to a Misdemeanor Statutory Rape charge. The Criminal Defense Attorneys at the Atias Law Firm aggressively challenges the facts of the case. We may be able to get an Investigator to obtain contradictory statements from witnesses. If we can convince the court that the witnesses are not credible, your Statutory Rape charges may be reduced and you could avoid jail or prison.
Will I Go To Jail?
Possibilities & Penalties For Statutory Rape in Orange County
Statutory Rape is generally a wobbler, meaning that it can usually be charged as a misdemeanor or felony. Misdemeanor Statutory Rape is punishable by a maximum of one year in jail and up to $1,000.00 in fines. Felony Statutory Rape may result in a sentence ranging up to four years in state prison or jail and up to $10,000.00 in fines. In addition to the sentence, a person convicted of statutory rape must register as a sex offender that will last for an entire lifetime. As detailed below, your case may be reduced to a lower crime, or your case may be dismissed.
Statutory Rape Defenses in Orange County
The Criminal Defense Lawyers at the Atias Law Firm know the defenses that may help get your Statutory Rape charge dismissed. There are a number of defenses to Statutory Rape in Orange County, however the applicability of those defenses depends on the facts of your case. For example, as you can see above, the Prosecutor has a lot to prove. We will work hard to show that any number of the requirements of the law aren’t met. For instance, we will work hard to show that the alleged victim is making a false accusation one based on jealousy, revenge, anger, misunderstanding or another emotionally-driven motive. Another common defense includes that you didn’t honestly and reasonably believe the minor was over eighteen years of age or that no actual sexual intercourse took place. We also may be able to show that there is insufficient evidence to prove that a Statutory Rape occurred. For instance, if the alleged victim failed to seek medical attention, there may be no evidence to corroborate the victim’s allegation of Statutory Rape. Also, unless an alleged victim knows the person that is claimed to have Statutory Raped him/her, it is possible for the alleged victim to mistaken the identity of the alleged assailant.
How Can Statutory Rape Charges Be Reduced?
When the prosecution case is strong, sometimes the best tactic is to try to work out a plea deal with the Prosecutor. Contact The Criminal Defense Attorneys at the Atias Law Firm today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.
What Should I Do About A Statutory Rape Charge in Orange County?
Contact The Atias Law Firm in Orange County today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.