When is The Punishment Just Too Great For a Juvenile Crime?
Defending Against Rape Charges | PC 261
Defending Against Rape Charges | PC 261 If you or someone you know is facing criminal charges in the state of California, it's important to understand the laws that govern the crimes. One such law is California Penal Code 261 (PC 261), which deals with sexual assault. Choosing Wallin & Klarich to represent your case puts you in a better position to receive the best outcome for your case. We…
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Can You Be Charged with Raping Your Spouse? (PC 262)
Can You Be Charged with Raping Your Spouse? (PC 262) As unbelievable as it sounds, for a long time, California law did not recognize the fact that you could rape your spouse. Unfortunately, to this day, many people still think “It’s not rape if it’s with my spouse.” It wasn’t until the late 1970s that California passed Penal Code 262, making it a crime to rape your spouse. Let’s explore…
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Can Statutory Rape Charges Be Dropped? (PC 261.5)
Can Statutory Rape Charges Be Dropped? (PC 261.5) Statutory rape is a serious crime in California. Many alleged victims do not realize how harsh the punishment for a statutory rape conviction is until they have already filed a report with the police. Sometimes, when the accuser finds out that the alleged perpetrator is facing consequences that could have life-long consequences, they want to take back their accusations and get statutory…
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Can You Bring Up Prior Sexual History in a Rape Case?
Can You Bring Up Prior Sexual History in a Rape Case? When someone accuses you of rape, it is likely that there is little evidence against you aside from your accuser’s allegations. In these types of cases, one way a rape defense lawyer may be able to build a strong defense for you is by attacking the credibility of the alleged victim. This legal defense strategy could help show that…
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Facts about Spousal Rape Charges in Irvine – PC Section 262
Facts about Spousal Rape Charges in Irvine – PC Section 262 Many people do not think they can be charged with a crime for raping their spouse. However, there is actually a specific area of law in California that makes spousal rape a crime. This crime is covered under California Penal Code Section 262. The Irvine spousal rape attorneys at Wallin & Klarich have more than 40 years of experience successfully…
Read MoreWhy a False Accusation of Rape in Long Beach is a Serious Offense
Why a False Accusation of Rape in Long Beach is a Serious Offense With the advancement of technology and DNA analysis has come the ability to sometimes scientifically prove or disprove instances of rape. In fact, an FBI study in 2012 noted that between 2% and 8% of rape allegations made to law enforcement agencies across the United States are false. This amounts to 2,000 to 7,000 false accusations of…
Read More5 Consequences You Face if You are Convicted of Rape in Riverside County
5 Consequences You Face if You are Convicted of Rape in Riverside County Even if you are convicted of rape in Riverside County under Penal Code 261, you will still need the assistance of a criminal defense attorney experienced in defending rape cases. Following a conviction, your case will be set for a sentencing hearing. At this hearing, the judge will issue the terms of your sentence. Therefore, you need…
Read MoreNew California Law Closes Rape Loophole
New California Law Closes Rape Loophole California Governor Jerry Brown signed Assembly Bill 65 into law on Sept. 9, thereby expanding the definition of rape to include cases where a perpetrator impersonates a person’s boyfriend or girlfriend. The bill was a direct response by California legislators to a recent and controversial decision from the California Court of Appeal overturning a rape conviction. Essentially, the new law closes rape loopholes that…
Read MorePunishment For Rape in Orange County – PC 261
Punishment For Rape in Orange County - PC 261 If you are facing charges of rape in Orange County, you face the very real possibility of being required to register as a sex offender under California Penal Code section 290. To avoid this devastating consequence, it is important that you hire an experienced Orange County Rape Defense Attorney. Sex Offender Registration for Rape in Orange County Penal Code section 290…
Read MoreWhen is The Punishment Just Too Great For a Juvenile Crime?
When is The Punishment Just Too Great For a Juvenile Crime? A 17 year old was recently convicted of committing a forcible sex act with two minors. There is no doubt that the juvenile committed a horrible act that caused pain and suffering to the two minors. However, the judge sentenced the minor to 40 years to life in state prison. This means that he will not be eligible to…
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