Riverside Rape Attorney (261 PC)
Contact an Experienced Riverside Rape Attorney Today (261 PC)
Being convicted of rape in Riverside carries a negative stigma that could impact you for the rest of your life. You will also be facing severe penalties if you are convicted of rape under Penal Code 261. That is why you should contact an experienced Riverside rape attorney immediately if you or someone you know has been accused of rape.
Most criminal defense attorneys do not have extensive experience defending serious sex crime cases in Riverside County. At Wallin & Klarich, our skilled and knowledgeable criminal defense lawyers have been successfully defending clients accused of rape in the local Riverside courts for more than 35 years. We can help you now.
Contact our Riverside rape attorneys today at (877) 466-5245 for a free phone consultation regarding your case.
Why You Should Choose Our Riverside Rape Attorneys
Our rape defense lawyers have had successful outcomes in many cases in Riverside County. The aggressive defense and top-notch service we provide our clients has allowed us to obtain a number of achievements, including a 5 out of 5 AV rating on Lawyers.com, a 10 out of 10 rating on AVVO.com, and an A+ rating from the Better Business Bureau.
We understand the successful legal defenses to rape charges and we are committed to developing the best possible legal defense strategy in your case. This commitment to our clients and dedication to their cases has allowed us to receive numerous reviews from former clients such as these:
“I received a letter from the district attorney informing me that I was being charged with sexual assault. This was a woman I was dating and I knew our relations were consensual. That is why I began researching rape lawyers immediately. I was disappointed with every lawyer I talked to until I called Wallin & Klarich. We had a great conversation and I met with them in the Riverside office to discuss my defense. I knew that this was the best law firm to hire for my case. My lawyer was able to point out inconsistencies in the police report and testimony to show the truth about what happened. My case was dismissed and I owe it to the hard-working attorneys at Wallin & Klarich.”
“After a difficult court battle, the attorneys at Wallin & Klarich were able to convince the judge handling my case to dismiss rape charges against me. I thought I would be spending years in jail after I was arrested for rape in Riverside, but the attorneys at Wallin & Klarich were willing to fight for me. I consider myself fortunate to have them on my side, and you I highly recommend them to anyone facing criminal charges.”
“When the judge came out and read the ‘not guilty’ verdict, I was overjoyed. I know this would not have been possible if I did not hire Wallin & Klarich to handle my case. I was falsely accused of rape and was facing many years in prison, but I was able to walk out of the courthouse that day and back into the world. Wallin & Klarich has tremendous experience with these types of cases, and I would not hesitate to recommend these lawyers to anyone who is facing serious charges.”
What is the Crime of Rape in Riverside? (Penal Code 261)
Rape is defined under California Penal Code 261 as forcing a person to have sexual intercourse against his or her will.
For many people, consent can be confusing. When do you know if you are having non-consensual intercourse? Well, rape laws spell out the many scenarios in which sexual intercourse is considered rape. It includes when:
- It is accomplished against the victim’s will by means of force, violence, duress, menace or fear of immediate and unlawful bodily injury on the victim or another person
- It is accomplished against the victim’s will by threatening to retaliate against the victim or any other person in the future, and a reasonable person would believe that the perpetrator intends to execute the threat
- It is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest or deport the victim or another person, and a reasonable person would believe that the perpetrator was a public official
- The victim is incapable of resisting due to any one of the following conditions:
- He or she was unconscious or asleep
- He or she was not aware, knowing, perceiving or cognizant that the act occurred
- The victim is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance
- It is accomplished by fraudulent representation that the sexual penetration served a professional purpose
- The victim was incapable of providing legal consent due to a mental disorder or development or physical disability, and
- It is accomplished by fraudulent representation that the perpetrator is the victim’s spouse and this belief is induced by any artifice, pretense or concealment practiced by the accused with the intent to induce the belief
There are four main elements that the prosecution must prove in order to convict you of rape in Riverside under PC 261. Those four elements are:
- You had sexual intercourse with the victim
- At the time of the sexual intercourse, you and the victim were not married
- The victim did not consent to the sexual intercourse, and
- The act was accomplished by means of threats, force or fraud to induce the victim into having sexual intercourse with you
If you are facing charges of rape, you should speak to our skilled and knowledgeable Riverside rape attorneys at Wallin & Klarich immediately. An experienced Riverside rape attorney may be able to show that the alleged action you took does not meet all of the required elements under PC 261.
Contact our law firm today at (877) 466-5245 so we can determine how we may be able to help you fight rape charges in Riverside.
What Happens When You are Arrested for Rape in Riverside?
When you are arrested for rape in Riverside, you will likely be held in custody at the jail facility closest to the location of your arrest. For more information about finding the location of a loved one who has been taken into custody for rape, visit our Riverside jail information page.
Your first hearing in a Riverside County court will be the arraignment. At this hearing, you will be informed as to the specific penal code section you are alleged to have violated. You will also:
- Be informed of issues relating to bail or release
- Be informed of any future court date
- Be allowed to enter a plea of guilty, not guilty or no contest
You should not appear at your arraignment without first consulting an experienced Riverside rape attorney at Wallin & Klarich. A knowledgeable Riverside rape attorney can guide you through the legal process and help you obtain the best possible outcome in your case.
Potential Sentence for Rape Convictions in Riverside
Rape is one of the most harshly punished crimes you could be accused of in Riverside. This crime is a felony offense. If you are convicted under PC 261, you face 3, 6 or 8 years in state prison and fines of up to $10,000.
Additionally, rape is considered a violent crime, so you will receive a strike under California’s Three Strikes law if you are convicted of rape. If you have a previous strike on your record and you convicted of a second strike offense, your sentence could be doubled. If you have two or more previous strikes on your criminal record, you could face 25 years to life in prison for a subsequent strike conviction.
A rape conviction in Riverside also requires you to register as a sex offender under Penal Code 290. Failing to register as a sex offender could be charged as a separate crime.
These penalties could impact you for the rest of your life. That is why you should contact an experienced Riverside rape attorney at Wallin & Klarich right away if you or someone you know has been accused of rape. Call our law firm at (877) 466-5245 now for a free phone consultation.
Defenses to Rape Charges in Riverside County
Our criminal defense lawyers at Wallin & Klarich have been successfully defending clients facing rape charges in Riverside County courts for more than 35 years. Here are the most common legal defenses our rape defense lawyers have used to help our clients obtain favorable results in their cases:
- Consent – If the alleged victim actually consented to the act of intercourse, you should not be convicted of rape.
- No intercourse occurred – You should not be convicted of rape if no sexual intercourse actually occurred. In many cases of rape, there is physical evidence that intercourse occurred on the victim. If that physical evidence does not exist, your Riverside rape lawyer may have a valid legal defense to rape charges.
- Mistaken identity – In some past rape cases, our skilled attorneys have been able to argue that the alleged victim could not properly identify the perpetrator due to various circumstances, such as the room being very dark or the alleged victim being drunk. Mistaken identity may be a valid legal defense in your case.
When you hire Wallin & Klarich, we ask you to share with us all the details of the alleged incident and everything that led up to it. Our experienced Riverside rape defense attorneys use your statement to begin building a defense strategy that will help you obtain the best possible result in your case.
Call an Experienced Riverside Rape Attorney at Wallin & Klarich
A rape conviction will impact you for the rest of your life. Not only will you have to face the possibility of prison time and expensive fines, but you will also have to deal with the social stigma of being labeled a “rapist.” That is why you should contact a Riverside rape attorney at Wallin & Klarich right away if you are accused of this crime.
Our criminal defense attorneys have been successfully defending clients accused of rape in Riverside County for more than 35 years. We can help you achieve the best possible outcome in your case.
Our office can be found in Riverside, right across the street from the Riverside courthouse. The office is located at:
Wallin & Klarich: A Law Corporation
4229 Main St. Suite A/B
Riverside, CA 92501
Contact our law firm today at (877) 466-5245 for a free phone consultation regarding your rape case.