Los Angeles Rape Lawyer
Being charged with or even suspected of any kind of sex crime is a wrenching, traumatic experience. Anyone charged with sexual assault or another serious sex crime in Southern California will need the services of a sex crimes law firm in Los Angeles; someone dedicated to protecting your rights and to working diligently on your behalf. Accusations of alleged rape require the most aggressive, committed legal defense counsel. The alleged victim and perpetrator often have substantially different versions of the events, and such cases are particularly difficult when the two parties are close or acquainted. What’s more, sex crimes convictions can result in a requirement for you to become a registered sex offender. This underscores the importance of hiring an experienced criminal defense attorney to represent and defend your case.
RAPE LAWS IN CALIFORNIA
Under California state law, California Penal Code Sections 261-269, the crime of rape, which includes many different scenarios, is punishable by up to eight years in prison unless the victim is a minor, over the age of 14, and then the sentence increases to seven to eleven years. When the victim is a child under the age of fourteen, the sentence can be nine to thirteen years. Those are the bare bones sentences and are subject to an increase in some situations. Fines of $2,000 to $25,000 are also likely.
In the event that there is fewer than three years between the defendant and the victim, state law uses an alternate punishment for rape and the prosecutor may pursue either a misdemeanor charge or a felony charge resulting in a conviction from one year to three years in county jail. If the charge is not a first offense or there are other blemishes on the defendant’s record, this could result in even longer sentences.
In addition to jail time and fines, you could face other serious penalties that could affect you for years after your court case is over. Friends and family members may turn their backs on you after a rape charge or conviction. Once you have been convicted of rape, you are typically required to register as a sex offender — a requirement that may apply for the rest of your life. This means that anyone—friends, family members, employers, landlords, or government agencies, for example—can access your personal information as well as details of your conviction. This can make it incredibly difficult to find employment or secure housing, since many employers and landlords do not want to take a chance on someone who has been convicted of rape. The far-reaching and long term impact of a conviction on rape charges means that you should seriously consider finding a top Los Angeles criminal defense lawyer with experience defending sex crimes such as sexual assault, sexual battery, sexual child abuse, spousal rape, and other sex offenses.
Rape chargers would be sought for the following scenarios under California state law:
- The defendant uses physical force, intimidation, duress, or threats to persuade the victim to engage in sexual intercourse;
- The victim consented to sexual intercourse out of fear of injury or harm;
- The victim had a developmental delay or physical disability that resulted in a lack of capacity to give consent;
- Intoxication by alcohol or drugs impaired the victim’s ability to consent;
- The victim was unconscious, asleep, or unaware that sexual intercourse was happening; or
- The defendant induced the victim to engage in sexual intercourse by making a fraudulent representation.
It is not always easy for the prosecutor to establish the elements of rape, especially when the defendant can prove that sexual intercourse did not violate the victim’s will. But still, many defendants are wrongfully convicted of rape because of false accusations or mistaken identity. It is imperative to hire an attorney who understands California rape laws and can use consent to defend his client. This is often done by examining the victim’s past sexual history. In other cases it can be proven that the defendant did not engage in any threatening, violent, or otherwise unlawful conduct consistent with rape.
CALIFORNIA’S RAPE SHIELD LAW
Under California’s rape shield law, the defense cannot introduce evidence about the victim’s sexual history in order to try to show that the victim did consent to the sexual act. However, the defendant is allowed to introduce evidence about the victim’s sexual history if the point is to show that his or her testimony should not be trusted. This law was established in order to protect victims from being surprised, harassed or having their privacy invaded in court.
To achieve the best possible outcome for your case, speak immediately with experienced Los Angeles rape defense lawyer Douglas Miranda. Don’t put your future in the hands of an inexperienced attorney or public defender when there is so much at stake. Trust Douglas Miranda, a criminal defense attorney with a track record of success in defending clients who have been charged with rape in the state of California.
AN AGGRESSIVE LEGAL ADVOCATE
The Miranda Rights Law Firm is an aggressive legal advocate for suspects in southern California charged with rape and other sex-related crimes. During more than a decade in practice, attorney Douglas Miranda has handled thousands of criminal cases including scores of rape cases. He has experience working with scientific evidence such as DNA, and he works alongside medical and forensic experts to develop a solid legal defense to achieve the best possible outcome for your case. The consequences of a conviction for rape are severe in this state, and can affect you for years to come. Jail sentences can be for three, six, or eight years in a California state prison.
Additionally, anyone convicted of rape is required to maintain current information with the sex offender registry. Your job, your family, and your future can all be negatively impacted by a rape conviction. Don’t let that happen to you. While no guarantee can ever be made in any particular case, Los Angeles rape lawyer Douglas Miranda’s lengthy and impressive record of legal victories speaks for itself.
WE ARE HERE TO HELP
Los Angeles rape defense attorney Douglas Miranda and our firm’s friendly, professional staff are always available to address your concerns and offer peace of mind during a difficult, emotional experience. Every client is treated with absolute dignity, every professional courtesy is extended, and a comfortable, professional atmosphere is provided. At the Miranda Rights Law Firm, we take our responsibility to our clients seriously; when the stakes are high, we are here to help. To schedule a free consultation with an experienced Los Angeles criminal defense lawyer, contact us today. Send an email, or call 213-293-1207. Se habla español.