Conviction Reversed In Rape Case Where Judge Refused To Give Battery Instruction To Jury
When your loved one is accused of a serious felony like rape, it may feel like the odds are stacked against them. But every accused individual has constitutional rights—and when judges or prosecutors fail to follow the law, it can result in a reversal of the conviction and a brand-new trial.
A recent California Court of Appeals case, People v. Mirabal, shows exactly why having an experienced criminal defense attorney matters. At Wallin & Klarich, we carefully examine every detail of a case—every instruction, every ruling, every piece of evidence—because a single legal error can change everything.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our criminal defense attorneys near you.
What Happened in People v. Mirabal?
Marty Mirabal was charged with rape of an intoxicated person after an encounter with Jane Doe. Although the prosecution claimed she was too intoxicated to consent, the evidence at trial suggested a more complicated situation.
Key facts presented at trial:
- Doe had been drinking earlier and was asked to leave a bar.
- She asked Mirabal for a ride home.
- Mirabal testified they spent four hours together (10 p.m. to 2 a.m.) and Doe consumed only part of a beer during that time.
- A witness saw them together and testified that Doe appeared to be enjoying Mirabal’s company.
- Weeks later, Mirabal told another witness he believed Doe had been sober enough to consent.
Despite this evidence, the jury convicted him.
The Critical Error: Judge Refused to Instruct the Jury on Battery
On appeal, Mirabal argued that the judge made a serious mistake by refusing to instruct the jury on battery, which is a legally recognized lesser-included offense of rape of an intoxicated person.
Why this matters for every accused individual:
- Battery requires only any harmful or offensive touching.
- Because sexual touching of someone unable to consent is considered against their will, battery is automatically a lesser-included offense.
- If the jury believed Mirabal touched Doe without realizing she was too intoxicated to consent, he could be guilty of battery, not rape.
The appellate court agreed.
There was substantial evidence supporting the lesser offense:
- Mirabal testified that he did not know Doe was too intoxicated to consent.
- Witnesses suggested Doe did not appear extremely intoxicated.
- Doe was with him for hours and, according to testimony, consumed little alcohol during that period.
Because of this, a reasonable jury could have found that Mirabal did not know—or reasonably should not have known—that Doe was incapable of consenting.
The trial court’s refusal to give the battery instruction deprived the jury of a lawful alternative.
Conviction Reversed — New Trial Ordered
The appellate court reversed the conviction and sent the case back for a new trial. This decision reinforces an important principle:
When courts fail to give legally required jury instructions, the conviction of an accused individual cannot stand.
Even in high-stakes, emotionally charged cases, the law must be followed. When it isn’t, a conviction must be set aside.
Why This Matters for You or Your Loved One
This case highlights a crucial truth:
A skilled criminal defense attorney can uncover errors that others overlook—errors that can result in reversal, reduced charges, or a new trial.
At Wallin & Klarich, we:
- Analyze every jury instruction
- Examine the entire trial record
- Identify constitutional violations
- Challenge judicial and prosecutorial errors
- Fight relentlessly for the accused individual’s rights
A single legal error—like the one in People v. Mirabal—can mean the difference between a lifelong conviction and a second chance.
Wallin & Klarich Fights for Accused Individuals Facing Serious Charges
If your loved one has been convicted of a serious offense, or you believe legal mistakes occurred during the trial, we may be able to help. Our attorneys have spent over 40 years defending accused individuals and overturning wrongful convictions across California. We know how to find errors, raise them on appeal, and fight for justice.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled criminal defense attorney near you.
