Facing a statutory rape allegation can be confusing, overwhelming, and filled with fear about the consequences for your reputation and future. The stakes in these cases are extremely high, and you could find yourself in this situation without even realizing you’re doing something that is against the law.
With so much on the line, it’s critical for defendants to work with a criminal defense lawyer in San Jose, California. Ahmed & Sukaram, Criminal Defense Attorneys, can help you. Contact our office at (408) 796-4271 to schedule a confidential consultation with a San Jose statutory rape attorney.
Why Hire Ahmed & Sukaram Criminal Defense Attorneys If You’re Arrested for Statutory Rape in San Jose, CA?
When the police arrest you for statutory rape in San Jose, CA, the experience can feel overwhelming. The law is complex, and one wrong step can change your future if you take chances on your own or without an experienced criminal defense team.
Here’s what sets our San Jose criminal defense lawyers apart:
- Our attorneys have 30 years of combined experience focused on criminal defense
- Our skill in the courtroom is backed by over 50 successful jury trials defended and thousands of cases handled successfully – more than 3,000
- Our firm has more than 250 five-star Google reviews
Statutory rape cases come with harsh penalties if you’re convicted. With Ahmed & Sukaram, Criminal Defense Attorneys, you will never face these sex crime charges alone. Schedule a case consultation today with a San Jose sex crimes attorney.
Overview of Statutory Rape in California
Statutory rape in California, as defined under Penal Code § 261.5, is when a person has sexual intercourse with a person under the age of 18 and is not married to them. In these cases, the law does not require proof of force or threats, and consent from the younger party does not make the encounter legal because they are not legally able to consent.
What Are the Penalties For Statutory Rape in San Jose, California?
The penalties for statutory rape in San Jose depend on the specific facts of each case. This crime is a “wobbler” under California law, which means it can be charged as either a misdemeanor or a felony. The degree and severity of potential penalties depend, at least in part, on the age difference between the defendant and the victim.
Examples include:
- If the minor is within three years of your age: You could face up to six months in county jail, a fine up to $1,000, or both.
- If the minor is more than three years younger than you: The possible penalty jumps to up to three years in state prison, as well as fines up to $10,000, or both.
- If you are 21 or older and the minor is under 16: The sentence may include up to four years in prison, fines as high as $10,000, or both.
California law does not currently require mandatory sex offender registration for everyone convicted of statutory rape. Still, the consequences of these convictions are serious and can follow you for years, impacting all aspects of your life.
What Defenses Can Be Raised If I’m Arrested For Statutory Rape?
There are defenses available if you have been arrested for statutory rape in California. Each situation is different, and the defense strategy must be based on the specific facts of your case.
Reasonable Mistake of Age
In California, it is sometimes possible to show that you had a reasonable belief that the other person was over 18. Courts look at how old the minor looked, what they told you, and any documents that supported their age.
For example, if you met someone in a bar who had a fake ID showing they were 21, that may be used as evidence for this defense.
No Sexual Intercourse
Prosecutors have to prove that sexual intercourse happened. If you can show that no sexual act took place or can raise doubt as to whether it did or not, you could be found not guilty. Evidence to help your case could include text messages and witness statements.
Insufficient Evidence
The prosecutor must prove every element beyond a reasonable doubt. If there is any reason to believe that you may not have committed the crime that you’re accused of, the judge or jury should find you not guilty.
Facing these charges is stressful and confusing. A strong defense can help protect your rights and reputation. Don’t wait to reach out to a San Jose statutory rape lawyer.
Does California Have a “Romeo and Juliet” Exception?
California law does contain a version of “Romeo and Juliet” provisions, which are exceptions to statutory rape charges designed for situations where both parties are close in age, generally distinguishing between misdemeanors and felonies based on the age gap.
These provisions acknowledge that less punitive measures may be appropriate when the individuals involved are near the age of consent. However, even when these exceptions apply, a conviction can still carry significant consequences. Skilled legal representation by a San Jose criminal defense lawyer is often essential to navigate these nuanced legal distinctions.
A skilled defense lawyer can scrutinize every detail and ensure you are treated fairly under the law. These cases are complex and rely on strategy and preparation. Trusting your case to the team at Ahmed & Sukaram, Criminal Defense Attorneys, can give you a chance of fighting back and protecting yourself.
Reach out to us to schedule a confidential consultation. Our San Jose statutory rape lawyers are ready to help you understand your legal rights and options today.