Fresno Rape Defense Lawyer

If you or a loved one has been accused of rape, it is important to obtain skilled legal representation. Fresno rape defense lawyer Michael McKneely understands that rape accusations can be unfounded and, at the very least, the circumstances are usually much more complicated than the police and prosecutors think. Contact a Fresno criminal defense attorney from Michael McKneely, Criminal Defense Lawyer at (559) 443-7442 for a free consultation and to see how Mike can help.

One of the most serious sex crimes is rape. Rape is non-consensual sexual intercourse, meaning that one person did not give permission or was unable to consent to sex. Despite the knowledge that people are falsely accused of rape on a daily basis, the government often prosecutes people without giving them the chance to tell their side of the story. The court system can also be a problem, taking someone’s accusation at face value without independent evidence to confirm the claim.

Defining Rape

California Penal Code section 261 defines rape as non-consensual sexual intercourse. The intercourse may be accomplished by force, threat, or fraud of some kind. It may also be initiated when the other person is unable to consent or unconscious of the act. Situations that would qualify as rape include:

• The use of non-consensual physical violence to have sex
• Having sex with someone who is passed out or intoxicated
• A police officer saying that they will let a criminal go if sex is traded
• Tricking someone into having sexual intercourse by stating that it was needed for a professional service, such as therapy

Certain elements in a rape case, known as aggravating factors, can lead to additional sentencing. The presence of these factors leads to the crime being punished more seriously. They include someone being injured in the act of rape or the involvement of a minor.

Rape Variations

While sexual intercourse without the consent of one participant is always classified as rape, other similar sex crimes can also be charged, including:

• Spousal Rape
• Oral Copulation by Force
• Statutory Rape (Sex with a Minor)
• Forcible Penetration with an Object

Penalties for a Rape Conviction

Rape carries harsh penalties and is always punished as a felony. Those who are convicted of rape face the following penalties:

• Up to 8 years in state prison
• Probation and local jail time up (except if force or violence is used)

The potential punishment is increased where the government can prove the following sentencing enhancements:

• Great Bodily Injury – 3 to 5 years in state prison and up to $10,000 in fines
• Use of a firearm—10, 20 or 25 years to life
• Victim under the age of 18 – 7, 9, or 11 years in state prison
• Victim under the age of 14 – 9, 11, or 13 years in state prison

In addition to these punishments, anyone found guilty of rape must register as a sex offender. This requirement is lifelong and requires registrants to register in person with the police annually and whenever they move to a different place. Restrictions are placed on where registrants can live and a failure to register annually or within days of moving can be prosecuted as a new felony charge.

Let a Fresno Rape Defense Lawyer Defend Your Freedom

With the help of a knowledgeable and experienced Fresno criminal defense lawyer, many strategies may be available to prove your innocence. A common defense is establishing that you reasonably believed the other person consented to sex. Sometimes there is evidence that the person is making false accusations. It could also be the case that no intercourse took place and that the sexual activity only included foreplay or basic physical contact. In these scenarios, the charges may be reduced to crimes that carry less severe consequences. To speak with a criminal defense attorney from Michael McKneely, Criminal Defense Lawyer today, call (559) 443-7442.