Anyone facing allegations involving criminal activity needs to act swiftly to protect themselves. Perhaps nowhere is this truer than in situations that involve rape charges. From the moment a person learns they are the subject of an investigation, they need to know what to say, how to deal with the police, and how to protect their rights. After an arrest, they need to understand the allegations against them and promote an effective defense during all court hearings.

A Folsom rape lawyer may be able to help from day one. Our sex crimes attorneys work to explain the relevant laws, defend you against aggressive police interrogations, and represent your interests in and out of court.

The Charge of Rape Under State Law

Rape is a serious accusation where a conviction carries universally harsh penalties. Under California Penal Code § 261, a person could commit rape in a variety of ways. In every situation, it involves having sexual intercourse without the consent of the other party. However, a collection of activities falls under this umbrella. They include:

  • Sex where another person has a physical or mental condition that prevents them from being able to consent
  • Using force or the threat of force to achieve the act
  • Where the other person was rendered unable to consent through intoxication or a controlled substance
  • Where the person was unconscious, and the perpetrator knew this fact

Rape is always a felony. A guilty finding can result in a prison term of as many as eight years. In addition, convictions can require a defendant to register as a sex offender for the rest of their life. An attorney in Folsom could provide more information about the relevant state laws and develop an effective defense against a rape charge.

Criminal Allegations Related to Unwelcome Sexual Contact

Rape is the most serious example of an offense that alleges unwelcome sexual contact with another. Sexual intercourse does not need to occur for a person to face serious legal trouble.

California Penal Code § 263.1 declares that any non-consensual sexual assault can fall under the category of rape in a criminal case. This means a person forcing themselves upon another where sex does not occur could still result in rape charges. More specifically, California Penal Code § 243.4 prohibits touching another for sexual arousal without that person’s permission. When that touching is achieved through force, this constitutes sexual battery. The maximum available penalty for this offense is a four-year prison sentence. However, aggravating circumstances may exist that enhance this penalty. A rape lawyer in Folsom could help defend people facing any version of a sex crime allegation.

Contact a Folsom Rape Attorney Now

Allegations that a person has committed a sex crime are among the most serious in state criminal law. A rape charge alleges you had sexual intercourse with another without their consent and can result in a multi-year prison sentence. Even if intercourse did not occur, a prosecutor may still pursue rape charges or file a case alleging sexual battery. No matter the exact circumstances of your case, you need to act aggressively to protect yourself.

A Folsom rape lawyer may be able to help. From the date of your arrest, we can work to protect your rights while in police custody, evaluate the strength of the prosecutor’s case, and present evidence to juries that aims to create reasonable doubt. Call now to discuss your case.