Rape Sentencing & Punishment – California Penal Code Section 261

Rape is punishable as a felony offense, which includes a prison term in state prison for a period of three, six, or eight years. This crime is not charged as a misdemeanor in California. See California Penal Code Section 264.

If the victim sustains great bodily injury (e.g. extensive bruises, abrasions, soreness in vaginal area) as a result of the offense, the judge may also impose an additional three to five years in state prison. See California Penal Code Section 12022.7.

California “Three-Strikes” Law:

Rape is a serious and violent felony that qualifies as a “strike” on your record for the purposes of California’s “Three-Strikes” law. Under this law, any felony conviction may result in increased penalties if you have prior “strike” convictions. The felonies that qualify as a “strike” on your record if they are classified in the Penal Code as either serious or violent crimes. See California Penal Code Sections 1192.7(c) and 667.5. The crime of rape appears in both sections.

Under California’s “Three-Strikes” law, a person who is convicted of a felony offense may face a minimum sentence of 25 years to life in state prison if that person two or more prior “strikes” on his/her record. In cases where there is one prior “strike,” the sentence term may be doubled on the current conviction.

Sex Offender Registration – California Penal Code Section 290:

If you are convicted of a California sex crime such as rape, Penal Code Section 290 requires you to register with local law enforcement as a sex offender for the rest of your life so long as you live, work, or attend school in California.

Any willful failure to comply with this registration requirement may incur a jail sentence of 16 months to three years in state prison if the underlying crime was a felony.

If you find yourself facing charges of rape, it is imperative that you contact an experienced California criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in helping our clients defend against accusations of rape and ensuring that their rights remain intact throughout the entire process. Call us today at 877-230-1528 or visit us online at www.wksexcrimes.com. We will be there for you when you call.