Defense Lawyer Challenges Your Rape Charges in Los Angeles

Defending Californians arrested for sex crimes

Rape is the most serious sex crime you can be charged with in California. If police arrest you for this offense, you should speak with an experienced lawyer immediately. Without counsel who can protect your rights and help you build a strong defense, you could lose your freedom for many years. We at the Law Offices of Arash Hashemi recognize that rape is a serious charge. That is why we work so hard to clear your name and provide you with a zealous defense.

How does California define rape?

Under Section 261 of the California Penal Code, rape is an act of sexual intercourse with a person not the spouse of the perpetrator, under any of the following circumstances:

  • The victim is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent
  • The act was accomplished against a person’s will by means of force, violence, duress, menace or fear of bodily injury
  • The victim was prevented from resisting by an intoxicating, anesthetic or controlled substance
  • The victim was unconscious or asleep
  • The victim was defrauded to believe that the sexual penetration served a professional purpose
  • The victim was threatened with kidnapping, confinement, pain, bodily injury or death
  • The victim was threatened with arrest, incarceration or deportation

Penalties for rape

Here are the penalties you face if convicted of rape in Los Angeles or elsewhere in California:

  • Three, six or eight years in prison
  • If the rape results in great bodily injury, you may receive an additional three or five years in prison
  • Up to $10,000 in fines
  • A strike on your record — if you receive a third violent felony strike, you are sentenced to an automatic 25 years to life in prison

If you are convicted of rape that didn’t involve force or violence, you may receive formal probation and up to a year in jail.

Different types of rape

If you are arrested for any of the following types of rape, act quickly to retain skilled counsel, as you are looking at harsh penalties:

  • Date rape: Although date rape may sound like a lesser offense, it is prosecuted the same as rape.
  • Statutory rape: Statutory rape is sexual intercourse with anyone younger than 18. Depending on your age difference with the victim, you could face serious charges.
  • Spousal rape: Spousal rape is forced sexual intercourse with your spouse. If convicted, you could face charges for both rape and domestic violence.

Contact us today for a rape defense

At the Law Offices of Arash Hashemi, we handle even the most complicated rape cases. If you would like to schedule an initial consultation to talk about your case, contact us by phone at (310) 448-1529 or contact us online. Our office is near the Westside Towers in West LosAngeles, within minutes of Santa Monica, Beverly Hills and Westwood. We have flexible office hours, and we will visit you in jail to discuss your case.