Rape

Rape Defense Lawyer in Temecula – Murrieta

Have you been charged with rape?

Under California penal code 261, it is considered to be rape when you have nonconsensual intercourse, meaning that there was sexual penetration without the consent of the other individual. This means that if your partner was unconscious and unable to consent, it is still considered to be rape. They do not have to physically resist the sexual act in order for the crime of rape to occur. Facing rape charges can be a terrifying and unpredictable experience and you could face substantial criminal penalties if you are indeed found guilty. A rape accusation alone is an embarrassing allegation that can tatter your reputation, your career, and your family and social life. A Los Angeles criminal defense attorney from the firm may be to investigate the events leading up to your arrest and can contest the prosecution’s accusations before any formal charges are filed.

Rape is a Crime of Violence – and Vigorously Prosecuted

Rape, as defined by the National Crime Victim Survey, is forced sexual intercourse. Forced sexual intercourse means vaginal, oral or anal penetration by the offender(s). This category includes incidents where the penetration is from a foreign object, such as a bottle, according to the Rape Abuse & Incest National Network.

Rape is an assault against a person as a person. Rape is a dehumanizing and demoralizing act against an individual.

Rape is about abusing the power one person has over another, whether the victim is younger, weaker, incapacitated or even in custody. Anyone, young or elderly, rich or poor, male or female, healthy or ill, can be raped.

Types of Rape Charges

There are several different rape charges that you can end up with, all the depending on the age of your partner and whether or not they are blood related. The three main rape offenses include date rape, spousal rape and statutory rape. A sex crime is constituted as date rape when you have non-consensual sexual activity with a friend, acquaintance or just a person that you’re on a date with. When sexual penetration occurs with your spouse without their consent then it can be considered spousal rape. One of the most serious sex offenses is statutory rape which is when you have consensual sex with a person under the age of 18. This criminal charge can get confusing because California recognizes a defense rule that looks to see if the defendant and the alleged victim are less than three years apart. If they are close in age, the crime could be considered to be a misdemeanor instead of a felony. To learn the specific criminal penalties that you could be facing, contact Lewis Kashhan.

Harsh Penalties

The laws can be harsh and unforgiving to alleged rape offenders and without aggressive criminal defense you could be sentenced to a year in a county jail or 2-4 years in a state prison and/or pay a fine of $2,000 up to $25,000 for a statutory rape conviction. The younger the alleged victim is the more severe the criminal penalties become. A violent rape crime could result in a 3, 6, or 8 years sentence in a state prison and will count as a strike against you according to the California three-strike law. It will also result in a lifetime sex offender registration which will follow you wherever you go. With Temecula attorney Lewis Kashhan fighting on your behalf, your chances of success will grow substantially. Don’t leave your entire future at risk, take up the necessary legal protection and protect your reputation.

Rape crimes are often judged in the "court of public opinion Rape is a violent and deplorable crime. The very accusation of rape is sometimes enough to have your family, friends and employer turn on you. Even those individuals who are unequivocally acquitted of rape charges can have their personal reputation ruined forever. In fact, an accusation of rape or sexual abuse has implications that are simply different than accusations of most other crimes. In addition to prison sentencing, parole, and mandatory sex offender registration for LIFE, there is a long-lasting social stigma attached to a charge of rape.

Rape Charges are Uniquely Different Than other Criminal Charges

Because rape is so emotionally stigmatized in our society, there are unfair consequences facing the accused and his or her defense attorney. This stigma often means that law enforcement, prosecutors and the public do not always treat such charges impartially. In many sex-crime cases, “the court of public opinion” often judges and prosecutes the accused without seeing nor hearing the facts or evidence. Moreover, if the accused is a man, assumptions are often made based solely on his gender and the perception of one party being physically more powerful than the other. These attitudes and assumptions can poison the fairness of many investigations and prosecutions from the start – certainly long before any evidence can be sorted out in a court of law. If you or a loved-one has been accused or charged with rape it is imperative that you consult and hire a skilled criminal defense attorney who can guide and re-focus the police, the prosecutor, and if a high-visibility case – help the public see that there are two sides to the story and focus on the facts.

Rape Charges Can Be Difficult to Prosecute

Rape is seldom witnessed and becomes a 'He Said vs. She Said' case Rape and sexual assault is seldom witnessed by anyone other than two parties: the accuser and the accused. Because of this risk of conviction of an innocent person is dramatically higher but the work of the prosecutor can be uphill if the accused has skilled and competent legal help.

In cases of rape and sexual assault, police investigators often rely on forensic evidence such as blood, hair and fibers, and DNA samples. Cases based heavily of such evidence present challenges for both the prosecution and the defense. An experienced criminal defense attorney understands and points out when authorities have mishandled DNA evidence, or had chain of custody issues, contaminated evidence, etc. Additionally, there are usually opportunities to discredit the testimony of the accuser, as well as other unreliable witness testimony, and point out all instances of faulty police work. A good defense attorney can make all the difference in obtaining the best possible outcome – even when charged with such a serious and oft-stigmatized charge as rape or sexual assault.

Hire the Best Private Criminal Defense Lawyer you can afford

Hiring the best private criminal defense lawyer you can will often determine where your life goes from here. Will you get punished for something you didn’t do? Will you end up with a harsher punishment than you deserve? We know that persons who settle for overworked public defenders will often receive harsher financial fines, longer incarcerations and probation than those who hire private criminal defense attorneys who spend the time necessary to get to know their clients and then fight vigorously on their behalf.

Reasonable Legal Fees

Experienced criminal defense should not be out-of-reach of average people. We offer our clients reasonable fees. Getting experienced and knowledgeable legal help should not put you in the poor house. Our fees are extremely reasonable. Additionally, we accept credit cards and on a case-by-case basis can even make payment plan arrangements when necessary. .

If you’re looking for a criminal defense lawyer in the Temecula Valley who will passionately fight for your rights, protect your interests, and offer an expert advice to the predicament you find yourself entangled, you’ve found him.

Do you have questions about your case?

Please complete our Criminal Defense Case Evaluation Form for answers to your questions. For immediate assistance, call us today at (951) 225-4130 for a free, confidential consultation. Evening and weekend
appointments available.