Oakland Statutory Rape Defense Lawyer

Expert Legal Representation for Statutory Rape Charges in Oakland, California

Statutory rape is one of the most severely prosecuted offenses in California, especially when it involves minors. Under California Penal Code 261.5, statutory rape encompasses any sexual intercourse with a person under the age of 18, with consent being irrelevant in these cases. This means that even if the minor initiated the encounter, the accused can face dire and lasting legal repercussions.

The prevalence of sexually active teenagers has risen, and unfortunately, many of them misrepresent their ages to appear older. This can lead to innocent individuals unintentionally engaging in sexual activities with minors, resulting in serious legal troubles.

If you find yourself facing statutory rape accusations in Oakland, it is crucial to seek knowledgeable legal assistance. The Law Offices of Nabiel C. Ahmed are committed to providing expert criminal defense, leveraging extensive experience and in-depth knowledge of the law to obtain favorable results for our clients.

If you are accused of statutory rape, do not hesitate to contact our dedicated Oakland statutory rape defense attorney at 510-576-5544!

Understanding California’s Statutory Rape Laws

In California, to secure a conviction for statutory rape, the prosecution must prove the following elements beyond a reasonable doubt:

• Sexual intercourse occurred.
• The parties involved were not married at the time.
• At least one party was under the age of 18 during the incident.

Even individuals in consensual and loving relationships can face charges for statutory rape. Consider the following scenario:

Example: John, a 19-year-old, and his high school sweetheart Lisa, aged 17, engage in sexual intercourse. When her parents discover this, they press charges against John, resulting in immediate arrest and statutory rape charges. Such situations are painful and complex, underscoring the need for an experienced Oakland statutory rape lawyer to effectively handle legal challenges.

The Penalties Associated with Statutory Rape in California

Statutory rape is classified as a “wobbler” offense in California law, meaning the district attorney can choose to charge you with either a misdemeanor or a felony. The specifics depend heavily on the age difference between the accused and the victim:

• If you are no more than three years older than the victim, the charge is always classified as a misdemeanor.
• If you are more than three years older than the victim, the prosecution may exercise discretion to charge you with either a misdemeanor or felony, influenced by case circumstances.

The consequences of a conviction can be severe:

• Informal probation.
• Up to one year in jail for misdemeanors.
• Fines reaching $1,000 for misdemeanors.

• Probation with the possibility of one year in county jail for felonies.
• Up to four years in California State Prison for felony charges.
• Penalties as high as $10,000.
• Additionally, payment of civil penalties may be required.

Defensive Strategies Against Statutory Rape Charges

Even with evidence seemingly stacking against you, an adept Oakland statutory rape lawyer can employ several defenses to mitigate or even dismiss charges. For example, if you had a reasonable belief that the victim was over the age of 18, or if the victim deceptively misrepresented their age, this can be the basis for a defense. Moreover, if no sexual intercourse occurred, a statutory rape charge cannot stand.

To illustrate:

Example: Jim met Donna at a nightclub that primarily catered to individuals over 21. After some time, they have sex, unaware that Donna is merely 16 but presents a fake ID claiming she is 21. Since Donna misrepresented her age, Jim cannot be found guilty of statutory rape.

At the Law Offices of Nabiel C. Ahmed, we proudly serve clients throughout Oakland, Berkeley, Richmond, Concord, and the surrounding areas. Reach out to our knowledgeable Oakland statutory rape attorney at 510-576-5544 to learn how our expertise can support your defense!

Comprehensive Defense for All Sex Crimes

We also provide dedicated legal services for a range of sex crimes charges, including but not limited to:

• Child Molestation
• Human Sex Trafficking
• Indecent Exposure
• Internet and Computer Sex Crimes
• Lewd Conduct
• Pimping and Pandering
• Pornography Crimes
• Possession of Child Pornography
• Prostitution
• Rape
• Registration as a Sex Offender
• Sexual Assault and Battery
• Solicitation of a Prostitute
• Statutory Rape

Why Choose the Law Offices of Nabiel C. Ahmed?

Choosing the right legal representation can be the difference between a favorable result and a devastating setback. Our firm understands the high stakes involved and is devoted to delivering personalized service tailored to each case’s unique circumstances.

Your First Steps Given Statutory Rape Accusations

If you or someone you know is facing statutory rape charges, swift action is paramount. A strong legal defense begins with understanding your rights and options. Our experienced team will thoroughly evaluate your case, explore all potential defenses, and guide you through each step of the legal process.

Don’t wait—defend your rights! Call our dedicated Oakland statutory rape lawyer at 510-576-5544 for a free consultation today.

Contact Us Today!

For skilled and compassionate legal representation in Oakland, California, turn to the Law Offices of Nabiel C. Ahmed. Whether faced with statutory rape charges or any other sex crime, our committed team is here to support you.

Fill out our contact form or give us a call at 510-576-5544 to discuss your case. Remember, your future is worth the fight—start your defense today!