Forcible Oral Copulation

Answers from a Los Angeles Oral Copulation by Force or Fear Defense Attorney

Oral Copulation by Force or Fear (PC 287) is a very serious charge in California. An Oral Copulation by Force or Fear conviction can carry with it a Strike under California’s Three Strikes Law. If you or someone you love has been arrested for Oral Copulation by Force or Fear, you need to act. Speak with an experienced Los Angeles Oral Copulation by Force or Fear attorney to fight these charges.

What does the prosecution have to prove to convict someone of assault with a deadly weapon?

What does the prosecution have to prove to convict someone of Oral Copulation by Force or Fear?

To convict someone of Oral Copulation by Force or Fear under PC 287(a), the prosecution must prove that the accused engaged in non-consensual contact between a mouth and genitals or anus.

Non-consent can be found two ways. The first is if the accused used force or fear. The second is if the alleged victim is unable to legally consent. An alleged vcitim cannot legally consent if they are intoxicated or unconscious.

Penalties and Sentencing for Oral Copulation by Force or Fear Charges

Oral Copulation by Force or Fear is a “strike” offense under California’s Three Strikes Law.

If convicted of Oral Copulation by Force or Fear Under PC 287, the accused faces:

  • Up to 8 years in prison (depending on the exact accusation)
  • Victim restitution costs, where applicable
  • A strike under California’s Three Strikes Law (depending on the exact accusation)
  • Fines of up to $10,000
  • Sex Offender Registration

 

If the alleged victim is 14-17 years old, then the accused faced up to 10 years in prison. If the alleged victim is under 14 years old, the accused faces up to 12 years in prison.

Can I get Probation for Oral Copulation by Force or Fear in Los Angeles?

Oral Copulation by Force or Fear is generally a strike offense and is punishable by prison time. However, a skilled Los Angeles Oral Copulation by Force or Fear defense attorney may be able to get someone accused of Oral Copulation by Force or Fear a reduced charge and possibly probation.

If you need help with a Oral Copulation by Force or Fear charge, you can call us anytime for a free consultation: (213) 377-6102.

Defenses to Oral Copulation by Force or Fear Charges

False Accusation

Are the accusations false? If the accused faces a false Oral Copulation by Force or Fear accusation, a skilled Los Angeles Oral Copulation by Force or Fear attorney may be able to show that the victim is lying.

Lack of Intent

Did the accused genuinely believe that the alleged victim consented freely and voluntarily? If so, the accused is not guilty of Oral Copulation by Force or Fear under most subsections of PC 287(a).

Help from a Los Angeles Oral Copulation by Force or Fear Defense Attorney

If you or a loved one have been accused of Oral Copulation by Force or Fear, we can help. Call us at (213) 377-6102 for a free consultation with an attorney about your case.

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