Answers from a Los Angeles Rape Defense Attorney
Rape (PC 261) is a very serious charge in California. A Rape conviction carries with it a Strike under California’s Three Strikes Law. If you or someone you love has been arrested for Rape, you need to act. Speak with an experienced Los Angeles Rape 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 Rape?
To convict someone of Rape under PC 261(a), the prosecution must prove:
- The accused engaged in sexual intercourse with someone other than their spouse plus one of the following:
- The alleged victim was incapable (because of a disability) of giving consent (PC 261(a)(1));
- The accused used force or fear, and the sexual intercourse was against the alleged victim’s will (PC 261(a)(2));
- The alleged victim could not consent due to intoxication (PC 261(a)(3));
- The alleged victim was unconscious (PC 261(a)(4));
- The accused threatened to retaliate against the alleged victim (PC 261 (a)(5)); or
- The accused threatened to arrest or deport the alleged victim (PC 261)(a)(6)).
Penalties and Sentencing for Rape Charges
Rape is a “strike” offense under California’s Three Strikes Law.
If convicted of Rape Under PC 261(a), the accused faces:
If convicted of Rape Under PC 261(a), the accused faces:
- Up to 8 years in prison
- Victim restitution costs, where applicable
- A strike under California’s Three Strikes Law
- Fines of up to $10,000
- Sex Offender Registration
Can I get Probation for Rape in Los Angeles?
Rape is a strike offense and is punishable by prison time. However, a skilled Los Angeles Rape defense attorney may be able to get someone accused of Rape a reduced charge and possibly probation.
If you need help with a Rape charge, you can call us anytime for a free consultation: (213) 377-6102.
Defenses to Rape Charges
False Accusation
Are the accusations false? If the accused faces a false rape accusation, a skilled Los Angeles Rape 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 Rape under most subsections of PC 261(a).
Help from a Los Angeles Rape Defense Attorney
If you or a loved one have been accused of Rape, we can help. Call us at (213) 377-6102 for a free consultation with an attorney about your case.
