Oakland Rape Defense Attorney

Defense for Rape Charges in California

Accusations of rape are taken very seriously by law enforcement officials and prosecutors. As a result, an accusation may be enough to have you arrested and charged with this sex crime. Unfortunately, false accusations of rape are widespread with jealous exes and jilted lovers often trying to use rape to enact revenge. However, accused individuals rarely find sympathy in the courts without the assistance of a capable Oakland rape defense lawyer.

At the Law Office of Nabiel C. Ahmed, we believe that everyone is innocent until proven guilty. As such, we use our experience to protect the rights of our clients throughout the entire legal process. We investigate all angles of the incident, to build a solid defense against serious sex crime charges.

Rape Laws in California

Penal Code 261 PC is known as California's rape statute. Rape, by definition, is non-consensual sexual intercourse that is accomplished by threat, force, or fraud. It can be violent, or it can be the result of someone in power abusing his or her authority in the pursuit of sex.

For Example: 
Karen is a secretary for a prominent politician. One late night, he approaches her and demands that she have sex with him or he will fire her. Karen reluctantly succumbs because she is the sole provider for her family. The politician could be arrested and charged with rape, since he used threats to have sex with Karen.

Categories of Rape in California

While most Americans view rape as a forced sexual activity between strangers, this definition only explains on type of sex crime.

There are numerous categories of rape that occur in California, including:

• Spousal rape – unwanted sexual intercourse that occurs between spouses
• Date rape – unwanted sexual activity that occurs between individuals who are on a date
• Statutory rape– any sexual activity that occurs between an adult and someone under the age of 18.
• Oral copulation by force – forcing someone to perform oral sex, or forcibly performing oral sex on another person against their will.
• Forcible penetration with a foreign object

California Penalties for Rape

If you are convicted of rape in the State of California, you face severe and dire consequences.

Penalties for those convicted of rape include:

• Three, six, or eight years in California state prison
• Minimum of 7 years in prison or maximum of 13 years in prison if the victim was a minor
• Felony conviction
• Formal probation
• Additional 3-5 years if the victim was seriously injured because of the rape
• Up to $10,000 fines
• Strike on your record
• The requirement to register as a sex offender for life

Defenses Against Rape Charges in California

If you are facing charges of rape, your future may look bleak. However, a capable Oakland rape defense attorney will employ numerous defenses to have these charges reduced or dismissed. Perhaps the other person consented to the sexual activity at the time, but later regretted the act. Perhaps the other party is accusing you of rape out of jealousy or anger. Perhaps you are being accused of rape out of fear for retribution from the other person’s family. Sadly, false accusations of rape occur on a regular basis.

In certain cases, DNA testing may be used by an Oakland rape defense attorney to exonerate those facing false allegations of rape. If there is no physical evidence against you, your attorney can argue that there is insufficient evidence to try the case. However, each case is unique and requires the consultation of an experienced rape defense lawyer in Oakland, CA.

Call for a Consultation Today

Rape is a very serious offense. If you have been accused of such a crime, you cannot afford to go to trial without proper representation and counsel. A capable Oakland rape defense lawyer will present you with the best possible strategy needed for a successful defense. We proudly help clients in Oakland, Berkeley, Richmond, Concord, and the surrounding areas!

Call us today at (510) 907-6600. We will listen to your case at no charge and advise you on your best legal options.