Under California Penal Code section 261, rape is defined as an act of sexual intercourse with someone other that your spouse that is accomplished with the use of force, threat, or fraud. Our San Bernardino Rape Defense Attorneys at Wallin & Klarich have over 30 years of experience in winning rape cases. We are ready to answer any questions you have about your rape charge in San Bernardino.
The sentencing and punishment for rape in San Bernardino can be severe. A rape conviction can lead to a long prison sentence. Below is a more detailed explanation of the sentencing and punishment for a rape conviction in San Bernardino.
Sentencing and Punishment for Rape in San Bernardino
Under California law, rape is charged as a felony, with a possible prison term of up to eight years in state prison. If the victim sustains great bodily injury as a result of the rape, such as extensive bruising or soreness in the vaginal area, the judge may impose an additional prison term of up to five years. The San Bernardino Wallin & Klarich Rape Defense Attorneys can help you to fight these charges.
California Three Strikes Legislation
Rape in San Bernardino is categorized as a serious and violent felony. As a result, it qualifies as a “strike” under California’s “Three Strikes” Law. If you have prior strikes on your record, a subsequent felony conviction may result in substantially increased punishments.
• One Prior Strike: If you have one prior strike on your record, you will face a prison term that is double what your sentence would have been.
• Two or More Prior Strikes: If you have two or more prior strikes on your record, you may face a minimum of twenty-five years to life in state prison.
Sex Offender Registration (Penal Code Section 290)
Any defendant convicted of rape in San Bernardino must register with local law enforcement as a sex offender. This duty requires you to annually update your registration with a local law enforcement agency as long as you work, live, or attend school in California. In addition, personal information such as your name, address, and photograph are released to the public through a Department of Justice sex offender website.
If you fail to register as a sex offender, and the underlying crime was a felony, you may face up to three years in state prison. The stigma of being classified as a sex offender can be devastating for both your personal and professional life. For this reason, it is important that you hire a Wallin & Klarich Rape Defense Attorney in San Bernardino who is experienced in successfully defending rape cases.
The first and most critical step you must take when charged with rape is to obtain a team of San Bernardino Defense Attorneys who have experience in rape cases. The Sex Crimes Attorneys at Wallin & Klarich have over 30 years of experience in successfully defending clients against rape charges. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks.
Call us today at (877) 466-5245. We will get through this together.