Being accused of rape can feel like a knife in the back. This accusation can impact every aspect of your life, causing friends and family to distance themselves from you even as you face the prospect of time behind bars and need their support the most. Your job and even your housing situation could also be on the line, making facing these allegations an earth-shattering thing to experience. However, you have the right to retain a defense lawyer who can stand by your side in court and advocate for your best interests every step of the way, and you should choose the very best in the industry for your criminal defense needs if you want a chance to get your life back after facing a rape allegation. If you have been accused of this crime and want to talk to a rape defense lawyer in Santa Clara, call Okabe & Haushalter to discuss which legal avenues are available to you as a defendant in criminal court.
California rape laws
Rape is defined as intercourse that is accomplished without consent according to California Penal Code Section 261. Consent is, in legal terms, not as simple as a person verbally expressing a desire to engage in intercourse. In fact, legal consent can be rather complicated in the state of California, and this complexity can too easily result in facing rape allegations.
What constitutes consent in California?
Some people cannot legally consent to intercourse under any circumstances, regardless of whether they express a desire to engage in intercourse or not. People who are intoxicated, people who are mentally disabled, and people who are under the age of 18 may not legally consent to intercourse.
Possible punishments if convicted
Rape is typically punished by three to eight years in a state penitentiary if a party is convicted of this crime. However, in some situations, the penalty may be more severe. For example, people who have previously been convicted of rape or another sex crime may face harsher penalties, and people who inflicted injuries upon the alleged victim during the commission of the crime could also face stricter penalties, as well as those who are accused of recruiting another person or persons to assist with the alleged rape.
Okabe & Haushalter can advocate for you in the courtroom
You do not have to sit back in silence while your life falls apart due to a rape accusation. If you need a rape defense lawyer in Santa Clara, contact Okabe & Haushalter to discuss your case. We are known for our aggressive defense strategies and our ability to provide our clients with courtroom excellence. We specialize in defending people against rape charges, and we have the experience and track record of real results to prove that we are the right choice for your defense team. We will negotiate to get charges minimized and sentences reduced, and it is possible that your charges could be thrown out of court entirely so you can get back to living your life faster. Call today for a free consultation.
The Los Angeles criminal defense attorneys at Okabe & Haushalter are ready to fight to tooth and nail for you. You have most likely heard of our firm from our television appearances, newspaper articles and other media from the national and international covered cases we have handled.