What Is Rape?

rape defense lawyerUnder California PC 261, it is against the law to engage in non-consensual sex with someone. The West Covina prosecutors can charge you with rape for accusations of any penetration involving threats, force, or fraud. In addition to this, the state has deemed some individuals incapable of consent, including anyone:

  • Under 18 years old
  • Suffering from a mental, developmental, or physical disability
  • Intoxicated with alcohol and drugs
  • Unconscious

False allegations can arise in cases involving alcohol or drugs, and the lines can get blurrier when consent is given at first but then withdrawn. If you face false accusations of rape and the possibility of losing your freedom, you don’t have to understand these complex laws alone. But with your life on the line, you should contact Wallin & Klarich as soon as possible. Our rape defense team has over 40 years of experience defending clients charged with sex crimes in West Covina. We’ll help you understand what you’re facing and the best defense strategies. Call us today for your free consultation.

Rape By Threat | PC 261

Any statement or action perceived as a threat by your accuser could lead to charges of rape, whether directly stated or implied. If a person accuses you of demanding sex and threatening their safety or someone else’s, the prosecution can file rape charges against you in West Covina. In the examples below, you’ll see how easy a false accusation can occur since there is often no proof of a threat, aside from texts, emails, or cases with witnesses. The following acts are considered threats:

  • A verbal threat to kill them or their loved ones
  • Sending a text saying you’ll run away with the children
  • Telling a significant other that you’ll beat them
  • Pointing a gun at your accuser

Rape By Force | PC 261

Under PC 261, rape by force means overpowering, injuring, scaring, or pressuring the victim into sex through violence or with a weapon. An example of force is holding the victim down.

Rape By Fraud | PC 261

Rape by fraud occurs when someone coerces another into sexual activities by making false claims or lying with the intent to obtain sexual favors. For example, a counselor tells a patient that sex therapy, which includes sexual intercourse, is necessary for treatment. Even though the victim goes along with the “therapy,” the counselor still committed rape under PC 261.

West Covina Prosecution Of Rape | PC 261

When West Covina prosecutors file rape charges, they plan to pursue a guilty verdict using the full power of the law and years of experience. However, the help of a skilled rape defense lawyer can protect your rights and increase your chances of proving your innocence. A rape conviction requires proof or the following elements beyond a reasonable doubt:

  • Nonconsensual sexual intercourse with the alleged victim.
  • The accuser was not your spouse.
  • They did not consent to sex when the alleged act occurred.
  • You used force, threats, or fraud to make them comply.

While the above facts may seem difficult to prove, that couldn’t be farther from the truth. The prosecution can successfully convict you based on the accuser’s testimony alone. Your freedom depends on whether the jury believes the victim’s side of the story or yours. If they side with the victim, you may lose your career, important relationships, and freedom. However, our rape defense attorney can defend your innocence. With one simple phone call, you can begin preparing a legal strategy. Contact Wallin & Klarich today for a free consult with skilled rape defense attorneys.

Rape Penalties | What You’re Facing

You face serious personal challenges and harsh legal penalties for a rape conviction in West Covina. However, if you have one or more previous convictions for violent crimes, your punishment can be much worse under California’s Three Strikes Law. Since rape is a “strike” offense, the court can double your sentence for one prior strike, and with two past strike convictions, the judge can sentence you to 25 years to life. Below, we’ve summarized some of the potential penalties for rape in West Covina:

  • Imprisonment for 3, 6, or 8 years
  • Formal probation
  • Lifetime sex offender registration (California Penal Code 290)
  • Strike on your criminal record

Spousal or marital rape was previously considered a separate offense according to California Penal Code 262. But in 2021, Assembly Bill 1171 canceled PC 262, so prosecutors now treat cases involving spousal rape like any other rape case covered under PC 261.

Professional and Personal Consequences

Just imagine spending years behind bars for a rape you didn’t commit, and no one believes you when you’re released. Some family and friends may cut all ties. Employers, landlords, and virtually anyone you meet can find out about your record. At the same time, the shame is overwhelming. No one expects accusations of rape. Wallin & Klarich has helped many clients struggling in situations like yours, and we understand you may feel angry, confused, and isolated. However, it is vital to reach out for expert legal advice. We have specialized in rape defense for over 40 years. Call Wallin & Klarich today for the expert legal representation that you deserve.

Legal Defenses For Rape | How We Can Help You

Rape accusations can quickly turn into a conviction without the right legal strategy. You need the advice of a knowledgeable defense team with years of trial experience. At Wallin & Klarich, our track record spans over 40 years. During this time, we’ve thoroughly studied the laws regarding rape and refined our presentation skills. As a result, we can craft powerful defense arguments highlighting the truth. We’ll determine the best strategy for your rape case according to the facts. However, we may present any of the following rape defenses on your behalf in addition to other legal techniques:

False Accusation

Facing false allegations of rape can quickly spiral into a guilty verdict during a trial without a skilled lawyer defending you. However, when you hire Wallin & Klarich, we’re ready to fight for a not guilty verdict. In past cases, our defense team has uncovered shocking motivations behind the false report, which led to a dismissed case once we argued the evidence in court. Other rape cases centered on our skilled cross-examination of key witnesses. We successfully demonstrated our client’s innocence by asking the right questions and attacking the alleged victim’s credibility.

Accuser Consented

Sometimes rape charges occur after consensual sex. If your accuser consented but later made a false report, you need a Wallin & Klarich defense lawyer to present your version of events clearly and convincingly. We can also negotiate with the prosecutor to get the rape charges dropped before trial. However, if the case proceeds forward, effective cross-examination of witnesses may prove crucial to the verdict, as discussed above. By introducing doubt, we make it much more difficult for the prosecution to prove your guilt without supporting evidence, especially when the facts stand in your favor.

Insufficient Evidence

If we can form a solid argument for insufficient evidence, we’ll present this to the West Covina prosecutor and attempt to persuade them to drop all charges against you. If they don’t believe they can win, they may drop the case or reduce charges. We can also use this legal strategy in front of the judge and request a review of the evidence. Either way, we’ll help you find the best possible route to avoid prison and sex offender registration.

Hiring A Skilled Defense Attorney | How We Can Assist You

Serious accusations require a skilled and experienced defense attorney. With 40+ years of experience, Wallin & Klarich stands out among the crowd of West Covina criminal defense firms. Our attorneys specialize in defending clients accused of rape and understand the most effective defense strategies. You should consider many factors when choosing a criminal defense lawyer. However, some of the key characteristics that set us apart include:

  • Loyal Advocates
  • Skilled Negotiators
  • Solid Record for 40+ Years
  • Specialized Legal Knowledge

Your Loyal Advocates | The Wallin & Klarich Difference

Loyalty is hard to find. Unfortunately, many law firms treat clients like case numbers rather than real people. At Wallin & Klarich, we believe you deserve respect and dedication. But we don’t just say it; we show it through our devotion to your defense and our interactions with you. Our attorneys promptly address all your concerns because we never want you to feel dismissed or unheard. Rest assured, our communication with you will always be straightforward and genuine. With Wallin & Klarich at your side, you can walk into court confident that we have your best interests in mind. Moreover, we’ll be prepared to put up our strongest fight.

Skilled Negotiators | 40+ Years of Success

Wallin and KlarichWallin & Klarich has a history of success spanning 40+ years. We’ve obtained the best possible results in complex rape cases and helped our clients avoid spending time behind bars. Their stories stand as a testament to our skilled legal negotiation. More importantly, they renew our motivation to defend others falsely accused of rape in West Covina. Our passion for helping clients has not wavered in over four decades and counting. Discover how our skilled negotiators can help you fight false rape accusations in West Covina, CA. Contact us today at (877) 4-NO-JAIL.

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