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Los Angeles Statutory Rape Lawyer
Charged with unlawful sex with a minor?
The state of California takes sex crimes extremely serious and has stiff penalties that are associated with offenses of this nature - such as incarceration, fines and registration as a sex offender. One of the most severe of crimes is that of rape which is defined as the commission of sexual acts without consent. It, however, is important to note that there are many different branches of this act which can result in different classifications. For example, it is considered to be spousal rape should the sexual act be committed against an unconsenting spouse; should it be committed against an acquaintance, it can be classified as date rape.
One of the most heinous forms of rape is deemed to be statutory rape. Defined under §261.5 of the California Penal Code, it is considered to be a criminal act to have unlawful sexual intercourse with a minor under the legal consenting age of 18. For this type of crime to be successfully proven, it must be shown by prosecutors that the defendant engaged in penetration of any kind (regardless of whether there was ejaculation) and that the victim was both under the age of 18 and not married to the defendant. There is no need for the prosecution to prove that force was involved for statutory rape to be successfully convicted.
Criminal Attorney for Statutory Rape Defense
There are many defenses that can legally be utilized to prove innocence on behalf of a defendant facing statutory rape charges. For example, it is a lawful defense to prove that the defendant was not more than the three years older than the alleged victim or that they were under the age of 21 and the alleged victim was older than 16 years of age. By working with an experienced criminal defense lawyer, you will be able take the necessary steps towards protecting your freedom against the possibility of conviction by utilizing defense strategies such as these.
Penalties that are associated with a crime of this nature are severe. If convicted of a misdemeanor charge of statutory rape, you could be facing informal probation, up to a year of incarceration in a county jail and up to $1000 in fines; for a felony, you could be facing formal probation, up to four years in state prison, as well as up to $10,000 in fines.
At Takakjian & Sitkoff, we are dedicated to ensuring that our clients have the high-quality representation that they deserve in cases of this nature. We are former sex crimes prosecutors who even spent time educating local police departments in how to best handle crimes of this nature. You can trust that should you choose to work with us that we will have the experience and the knowledge necessary to truly helping protecting your legal rights.