The exact penalties for a rape conviction will depend on the charge involved.
We know that rape is a severe crime. In California, charges related to rape and sexual assault are considered serious felonies — and the penalties for these crimes typically match the grave nature of the crime.
There are many types of sexual assault that may be charged in California, including spousal rape and statutory rape. The primary law against rape, California Penal Code 261, establishes penalties for a conviction based on the facts of the case. As a criminal lawyer in Rancho Cucamonga, CA can explain, a conviction under this law will result in a sentence of 3, 6 or 8 years in California state prison. The exact term will depend on the circumstances of the case. In addition, other factors may lead to a longer sentence. The sentence may be increased when:
- The victim suffers great bodily injury (additional 3 to 5 years)
- The victim is under the age of 18 (additional 7, 9 or 11 years)
- The victim is under the age of 14 (additional 9, 11, or 13 years)
Of course, a prison sentence is just one aspect of the overall consequences associated with a rape conviction in California. You can also expect to pay a fine of up to $10,000. After being released on parole, you will also likely be subjected to strict parole conditions, you may be sent back to prison.
Even after you complete your term and any parole, you will still face consequences. Most sex crimes — including rape — will require an individual to register with the California sex offender registry. This is a public registry, which means that anyone can look you up and find you on the registry. In addition, being on the sex offender registry can limit where and how you live, and prevent you from getting certain jobs. If you fail to comply with registration obligations, you may be sent back to prison.
Rape is a serious crime that can lead to hard time and other consequences. There are a number of potential defenses to a rape charge that your criminal lawyer in Rancho Cucamonga, CA can assert. For example, your attorney may argue that the alleged victim consented, or that the allegation is false. In some cases, your lawyer may be able to present evidence or an argument to show that there was no sexual intercourse. Because the potential penalties for a rape condition are so severe, it is vital to work with an experienced attorney who can advocate for your rights in this process.
At the Chambers Law Firm, we represent Californians who have been charged with all types of criminal offenses, including sex crimes. If you have been charged with rape or a related offense, we can help. Reach out to us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
