Norwalk Sexual Assault Lawyer

Norwalk Sexual Assault Attorney

Of all the sex-related crimes, the penalties for being convicted of rape are the most serious. If you are found guilty of sexually assaulting someone, you could be sentenced to several years in prison and gain a felony conviction on your record. Fortunately, our system of justice presumes that anyone charged with a crime is innocent until proven guilty. Your Norwalk sexual assault lawyer will gather evidence to build your case and negotiate with prosecutors to possibly lower the charges.

When faced with criminal charges in Norwalk, many people feel that their world has been turned upside down. Let Gibbons & Gibbons represent your defense. We will develop a strategy that may help you avoid long-term penalties.

What Types of Sex Crimes Are There in California?

You may be surprised to learn that something as seemingly non-criminal as urinating in public at night can land you with a charge for indecent exposure. Any uninvited sexual contact could land you with a sexual assault charge that may or may not involve rape. Groping, kissing, and touching are all possible acts that can lead to a sexual assault charge if the other party alleges that the acts were forced on them.

Rape involves penetrative sexual activity. When one party forces another into a sexual act that involves penetration, the alleged perpetrator can be charged with this felony offense. Other sex-related crimes include possession of child pornography, statutory rape of a minor, sexual solicitation, and engaging in human trafficking. Each of these crimes comes with varying criminal penalties ranging from possible misdemeanors to felonies.

Criminal Penalties for Rape in Norwalk, California

California’s penal code allows convicted rapists to be confined to state prison for up to eight years. The maximum fine is $10,000. The penalty can include both imprisonment and a fine. Convicted offenders are required to register as sex offenders, which can affect their ability to find employment and rental housing.

California counts rape as a violent felony for the purposes of California’s three-strike system, meaning that three violations categorized as violent offenses will result in a mandatory minimum sentence of 25 years. If the victim is under 18, the sentence can be much steeper.

For first-time offenders, the maximum penalty is rarely given, although a jury may theoretically sentence a defendant to eight years of imprisonment. The top priority of your criminal defense attorney will be to have you cleared of charges when possible. In other cases, the optimal outcome could involve a plea bargain agreement.

What Can Constitute an Act of Rape in California?

Any act of sexual intercourse with someone without consent could be grounds for criminal charges. Rape is categorized as intercourse that involves:

• Violence
• Force
• Drugs or intoxicants used to subdue the victim
• Sex with someone who is unconscious
• Intercourse under false pretenses
• Sex where the victim feels threatened or coerced

Even slight penetration could be considered rape, and sodomy could also be grounds for a felony rape charge. In Norwalk, California, you can be charged with raping your spouse if the elements of rape are present.

What Can a Defense Lawyer Do for Me?

Depending on the facts of your case, your criminal defense attorney will investigate your case to find evidence that no rape occurred or mitigating circumstances that could lead to a lesser charge. Common defenses against rape allegations include:

• Misidentification: The victim falsely identifies a defendant and accuses them of a crime they did not commit.
• Consent: The alleged rapist believes the intercourse was consensual.
• Innocence: The alleged intercourse never happened, meaning it was falsely reported.

Rape is not as straightforward a crime as murder or burglary. Consent plays an important role in any rape case, and the victim must be able to clearly identify their alleged attacker. The state must prove that the sex was not consensual and that the alleged perpetrator knew their sexual acts were unwanted. People file false rape reports for personal gain, revenge, and other reasons.

Your attorney will investigate these possibilities to bolster your defense. Your charges may be dropped if the evidence supports your claim of innocence. In other cases, prosecutors may lower the charges.

FAQs for Sexual Abuse Attorneys

Q: What Are the Odds of Winning a Sexual Assault Case?

A: The odds of winning a sexual assault case depend on the facts of the case and the quality of your legal representation. Even when you are innocent of the crime you are charged with, having an experienced attorney is still critical. If needed, your lawyer will take the case to trial.

Q: What Is Sexual Assault in the 1st Degree in CA?

A: First-degree sexual assault is the most serious penal code violation of this category. The state must prove that additional criminal elements were involved in the assault, such as the use of a firearm by the assailant, underage status of the victim, or involvement of incest. This offense could result in a life sentence.

Q: How Will My Attorney Defend Me?

A: Your criminal defense attorney will research your case to determine if a crime occurred. Even when a rape occurs, victims can misidentify their attacker. In other cases, your attorney may be able to prove that both parties consented to intercourse at the time. The state has the burden of proving that the alleged offender knew the sex was not consensual.

Q: How Long Do You Go to Jail for Sexual Assault in CA?

A: California’s penal code allows convicted rapists to be incarcerated for up to eight years in state prison. The penalties for being convicted of rape are even higher when the victim is underage or when a firearm is used to threaten the victim. Although the threat of jail or prison time can be alarming, your defense attorney will work to exonerate you or have the charges lowered.

Schedule Your Norwalk Rape Defense Consultation Today

Being charged with rape can be an incredibly stressful ordeal. The full weight of the criminal justice system can feel overwhelming. Our legal team brings more than 60 years of combined experience to your defense. We will fight to protect your rights and possibly reduce the long-term penalties you may be facing.

Contact Gibbons & Gibbons online today. We look forward to preparing your defense.