Los Angeles Rape Lawyers – California Penal Code 261

Accused of Rape in California?

If you or a loved one has been arrested or faces rape charges in California, the next move you make can literally mean the difference between freedom and prison. It can mean the difference between being able to live life on your terms and living under the watchful eye of law enforcement and the prison system. It can mean the difference between being having a successful career and having to admit to being a convicted felon on a job application. It can mean the difference between being engaged with your community and living under a constant cloud of suspicion and targeting by neighbors and strangers who go online to access addresses of registered sex offenders.

“Mr. Lewin is a life saver!! I was falsely accused of rape by a girl I’d gone on a couple of dates with and then never called. I don’t have to explain how shocking and scary a rape charge can be. I met with a few other criminal attorneys. They rushed me through what felt like a cattle call meeting. They seemed more concerned about getting their retainer, than my well being. Then I found Mr. Lewin. He made me feel relieved and relaxed after our first in-person meeting. He was very patient and understanding of my situation and seemed to care. He took the time to listen to me and asked me a lot of questions about the dating relationship and the girl that made the accusations. He then explained the entire process going forward and realistically what to expect. Immediately he got his investigator to start looking into the accuser. Well it turned out she had made other accusations and had a criminal history herself. Mr. Lewin took that information to the district attorney and got my case DISMISSED!! I cannot tell you how much I owe Mr. Lewin. He saved me from losing my career, my family, and my reputation. I cannot recommend Mr. Lewin enough. Do yourself a favor and at least call him before deciding on an attorney. Trust me, they’re not all the same!”

Facing Rape Charges? Here’s What You Need To Know.

California Penal Code 261 PC defines rape as non-consensual sexual penetration accomplished through force, threats, or fraud or with a victim who is unconscious or incapable of consenting. 

There are several classifications of rape in California, including: 

  • Spousal Rape: having sexual intercourse with a marital partner without their consent.
  • Date Rape: forced sexual intercourse during a voluntary date where the victim did not want to have sex. Date rape can occur with or without drugs that can make the victim less aware or unable to fight the offender.
  • Statutory Rape: sexual intercourse with a person under the age of 18, unless married to the minor. Statutory rape charges still apply even if the minor was consenting.

Penalties for a Rape Conviction 

  • Three to eight years in California State Prison
  • An additional five more years in prison if the victim suffered a substantial physical injury
  • A fine of up to $10,000.
  • One strike under California’s Three Strikes Law.
  • Registration as a sex offender – for LIFE.

Defenses for a Rape Conviction

Rape accusations are extremely serious but sex crime defense lawyer Chad Lewin is prepared to go to battle for you. He knows how to develop sound defense strategies that poke holes in the prosecution’s case. Depending on the facts of your case, he may argue:

  • You were falsely accused by someone who has an ulterior motive to exact revenge or harm you in some other way
  • The sex was consensual
  • There is no evidence to prove there was a struggle
  • There are no reliable eyewitnesses
  • An eyewitness provided a mistaken identification

Our Los Angeles Rape Defense Lawyers Can Help

Without the most aggressive, experienced, winning California sex crime defense attorney fighting for you, your conviction could result in the end of your life as you know it. The LAST thing you need is a rape conviction on your record, as this will permanently tarnish your reputation and impact your entire future. Often times, we can stop police investigations before you EVER get charged with a crime. (If you have NOT been formally charged, but you are being accused and/or investigated, read more about how we get involved in pre-file investigations.) Remember, do NOT speak to police, investigators, or detectives about your case. Anything you tell them CAN be used against you in a court of law. Prosecutors WILL NOT BE LENIENT with you because you’re “being nice.” It doesn’t work that way. If you’ve been charged with rape in California, time is of the essence! Every minute you wait matters, so call attorney Chad Lewin at Lewin Law Group immediately for a FREE, CONFIDENTIAL consultation at (800) 458-1488. We are available 24 hours a day, 7 days a week to help you or your loved ones.