Statutory Rape
Statutory Rape Charges in San Diego
Hire a qualified San Diego criminal attorney if you’re being accused of statutory rape – and do it immediately. At the Spiegel Law Group, we realize how damaging a statutory rape conviction can be, and we’re prepared to defend you from the charges you’re facing.
According to California state law, statutory rape constitutes any sexual conduct with a person under the age of eighteen. It’s known in the penal code as "unlawful sex with a minor". In California, no one under the age of eighteen can legally consent to having sex or to performing any sexual act. Sexual conduct between two minors is also illegal.
Penalties for statutory rape depend on the age gap between the people involved. If the minor is less than three years younger than the accused, the crime is considered a misdemeanor. Penalties for misdemeanor statutory rape can include probation, up to one year in prison, and up to $1,000 in fines.
If the minor is three years younger than the accused, the case could be tried as either a felony or misdemeanor. Cases like these are known as “wobblers.” The decision whether to charge you with a felony or misdemeanor will depend on your previous criminal history and the specific circumstances of the case.
If the accused is over the age of 21 and the minor is under the age of 16, the case can be tried as either a felony or misdemeanor. In either case, the punishment may be more severe. Misdemeanors in this case usually involve some prison time, and felonies can carry a prison sentence of up to four years. If the minor is under the age of 14, it’s always a felony offense, regardless of circumstances.
San Diego Statutory Rape Defense Lawyer
It's possible to be accused and arrested for statutory rape, even if you are 18 and the minor is 17 when the act occurs. Even if you reasonably believed that the minor was 18, you can still be held responsible for a crime you had never intended to commit. Regardless of the circumstances, a minor or his or her parents can press charges against you.
You may not have even been aware that you had committed a crime. Unfortunately, an accusation as strong as this can darken your reputation permanently. Although California law does not require you to register as a sex offender if convicted, the conviction may still cause you to lose credibility among your peers. A felony offense could even prevent you from finding meaningful employment.
Fortunately, the Spiegel Law Group can help you. We have experience defending clients who are accused of statutory rape. We will investigate the facts of your case and make sure that the burden of proof is heavy on the prosecution.
Your attorney can help you understand the legal jargon and ensure that you do not suffer through an unfair trial or punishment.
Contact a San Diego statutory rape attorney you can trust today at 619-338-0022. The consultation is free.
