Most people think of rape (PC 261) as involving physical force over the alleged victim. However, you can be charged with committing rape in Long Beach whenever the sexual intercourse involves the use of threat, force, or fraud. For example, you have sex with a woman that you met at a party or bar who you knew to be intoxicated. Your victim can also be your own spouse or partner.
A minor cannot legally consent to sexual intercourse making “unlawful sex with a minor” a crime that may be prosecuted as “statutory rape” in California.
The attorneys at Wallin & Klarich want you to understand that a rape charge could lead to very serious consequences if you are convicted of this sex offense. Even if you are simply accused of rape (without being convicted), you face a social stigma that is difficult to overcome. Our attorneys explain some of the things you should expect if you are charged with rape.
What You Should Expect if You are Charged with Rape in Long Beach?
- You will want to hire a criminal defense attorney experienced in defending against rape charges: Because of the serious nature of this crime, you need to hire an attorney extensively experienced in handling rape cases. If your attorney is able to prove that your right to be free from an unreasonable search and seizure has been violated, he or she may be able to file a motion to suppress evidence pursuant to Penal Code Section 1538.5. A successfully argued motion strikes the evidence against you, and you could have your case dismissed.
- A restraining or protective order will be filed against you while your case is pending: A temporary restraining or protective order requires that you have no contact with your alleged victim while your case is pending. This could be a family member, someone you are dating or any other person considered at risk. You will be forced to move out of your home if the person you allegedly raped lives in the same residence. If a permanent restraining is ordered, you would be prevented from having any contact with your victim for up to 10 years.
- If you are convicted of rape, you face years in prison: How you are sentenced for a rape conviction will depend on the facts of your case, the age of your victim(s), and your criminal history. Rape of an adult is punishable by three, six or eight years in prison while rape of a minor between 14 and 17-years-old carries a seven, nine or eleven-year sentence. If you are convicted of rape of a minor under 14-years-old, you face a prison sentence of nine, eleven or thirteen years.
- You will be required to serve at least 85 percent of your prison sentence before you are eligible for parole: Rape committed with force or fear of immediate bodily injury or by threat of retaliation of harm in the future is considered a violent offense under California’s Three Strikes Law. As such, this crime is considered a strike, which means you must serve 85 percent of the prison sentence the court imposed upon you.
- You face up to 10 years of parole upon release from prison custody: The parole period for a rape conviction could be as long as 10 years, during which time you will have many special conditions restricting your life.
- You can be ordered to pay a fine: The court can order you to pay a fine of up to $10,000 upon a felony conviction for rape (Penal Code Section 672).
- You face deportation if you not a U.S. citizen: Under federal law, rape qualifies as a “crime of moral turpitude” because the punishment can be greater than one year. If you are a noncitizen, you can be deported if you are convicted of this serious offense.
- If you are convicted of rape, you will be required to register as a sex offender: A rape conviction means you will be required to register as a sex offender for the rest of your life while residing, working, or attending school in California. Your picture, address, and offense will also be made available on the California Megan’s Law website of registered sex offenders in the community (www.meganslaw.ca.gov).
Call the Sex Crimes Attorneys at Wallin & Klarich
If you or someone you know has been charged with a rape crime, you need to contact an experienced criminal defense attorney at Wallin & Klarich today. At Wallin & Klarich, our attorneys have over 30 years of experience successfully representing our clients charged with registerable sex crimes such as rape.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, our skilled criminal defense attorneys at Wallin & Klarich will aggressively defend you against the life-altering consequences of a rape conviction. We are available 24/7 to help you win your case.
Call us today at (877) 4-NO-JAIL (877-466-5245) for a free telephone consultation. We will get through this together.