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If you have been charged with sexual assault, you should be aware that you are facing extremely serious charges and need to contact an experienced San Diego sexual assault lawyer as soon as possible. In the state of California, rape involves an act of sexual intercourse which is against a person’s will or without their consent.
If you have been charged with sexual assault or rape, you don’t need to face the legal system alone. We know how difficult it is to manage legal tasks during challenging times, and we’re prepared to provide the help you need. Bernal Law is dedicated to bringing clients the best possible results, using all the information and resources at our disposal in their favor.
WHAT LAWS GOVERN SEXUAL ASSAULT IN CALIFORNIA?
Many believe the element of force defines sexual assault but in fact, it is the element of consent, which is dependent upon the age of the victim, whether the individual was old enough and of sound mind to consent, and whether consent was present both before and during the act of sexual intercourse. The offense of rape is criminalized under California Penal Code §261, and, to obtain a conviction for the crime, prosecutors must show that:
- You willfully engaged in the act of sexual intercourse with another person
- The other person did not give consent to the act of sexual intercourse
- If you know that the victim was asleep or intoxicated at the time of the event
If you need more explanations of the laws governing sexual assault and rape, speak with a knowledgeable sexual assault lawyer in San Diego from Bernal Law today.
WHAT ACTS CONSTITUTE SEXUAL ASSAULT IN CALIFORNIA?
The following acts can also result in charges of sexual assault in the state of California:
- Forcible sexual intercourse with a date (date rape)
- Forcible sexual intercourse with a minor (statutory rape)
- Using deceit or lies to coerce a victim into performing sexual intercourse
- Taking advantage of a person who passed out from being drugged or is intoxicated
- Forceful oral copulation
- Rape of a spouse
- Forcible penetration with an object
Other actions may qualify as sexual assault or rape, but these will depend on the facts and circumstances. A sexual assault attorney from Bernal Law can clarify and answer any of your related questions.
WHAT ARE THE PENALTIES FOR SEXUAL ASSAULT IN CALIFORNIA?
You should know that rape is never a misdemeanor crime in the state of California, and sentences are severe.
The penalties for a San Diego rape conviction include:
- A sentence of 3, 6, or 8 years in a California state prison
- Fines as large as $5,000
- Formal probation (as opposed to informal probation)
- The requirement to register as a sex offender for the remainder of your life
Additionally, there are several enhancements which can result in longer sentences.
Some of these enhancements include:
- Rape of a minor, which carries an enhanced sentence of a minimum of 7 years in a California state prison and a maximum of 13 years in a California state prison.
- Rape that results in serious bodily injury to another person, which carries an enhanced sentence of an additional 3-5 years in a California state prison, a fine as large as $10,000, and one strike under California’s Three Strikes Law.
Other penalties may also apply, including adverse effects on additional aspects of your life. At Bernal Law, we are dedicated to serving our clients and fighting for their rights. We will use every tool available to us to reduce potential penalties.
DO YOU NEED TO COMPLETE SEX OFFENDER REGISTRATION?
Under California Penal Code §290, any person convicted of the crime of rape must register as a sex offender for the remainder of his or her life. Registered sex offenders must update their information each year through the Department of Justice and within five days of any moves.
As you can imagine, while a prison sentence and fines are certainly serious penalties, the requirement to register as a sex offender for the remainder of your life can prevent you from getting a job, renting a home, attending college on a government loan, obtaining a professional license, or owning a firearm. Of course, this is true for any felony conviction, but there is an added serious social stigma to being listed on the sexual offender registry.
What Information Will Be Shared on the Sex Offender Registration?
The offender’s address, details of their sex offense or conviction, photograph, and a general description are on a public website for anyone to see. While this may make us feel vulnerable, this is done to keep others living near you safe and informed.
For more information about managing your registration, including other ways to get assistance, we encourage you to contact a San Diego sexual assault lawyer with any questions.
How Rape and Sexual Assault Conviction Impacts Immigration
If you are in the United States illegally, under California Penal Code §261, you could not only face the same criminal penalties as a citizen, you may also be subject to removal or deportation. You might never be eligible to obtain a green card or to re-enter the United States.
How to File for Sex Offender Registration
If you have been convicted of sexual assault or another crime of sexual nature, you are likely required to register as a sex offender in California. These individuals must register with their local law enforcement, and they are required to file every year within five days of their birthday and within five days of changing residences.
Sex offenders do not generally have to register for the rest of their lives. This is excellent for those wishing to return to certain parts of their lives where they previously experienced restrictions. Lower-level offenses require a registry for at least 10 years, mid-level offenses require at least 20 years, and only the most severe sex offenses require lifetime registration.
Compile Essential Information
Before filing, we recommend you have the following information readily on hand:
- Addresses of your current residence(s)
- Proof of your residence, like an ID, recent utility bill, or another official document
- Name and address of your employer
- The license plate number of any vehicles driven on a regular basis
Having easy access to this information will help speed up the process.
Call Ahead of Time
We also recommend you contact the law enforcement agency you plan to register with beforehand. This will help you understand precisely where and when you can register. Checking ahead of time can save you time and stress. However, calling ahead is not necessary.
Visit the Law Enforcement Agency in Person
You are required to register as a sex offender in person at either the police department of the city you live in or with the sheriff’s department if your city does not have a police department. If you live in multiple locations in different cities, you must register in person at each police department.
If you are a college student, work at a college, or live on a college or university campus, you must also register with your campus police.
Request Proof of Registration
At every department where you register as a sex offender, request proof of registration. Police or law enforcement are required to provide a free copy of your proof of registration.
DEFENSES AGAINST SEXUAL ASSAULT CHARGES
While the defense used by your San Diego sexual assault lawyer will be tailored specifically to the facts of your charges, there are several defenses which could be helpful in your case, such as:
- You were falsely accused, perhaps by an ex who was angry with you, wanted revenge, or was seeking an advantage in a divorce or child custody case.
- You were misidentified as the person who committed the crime, when, in fact, you have a solid alibi.
- You have already been acquitted of assault with intent to rape, therefore double jeopardy laws prohibit a subsequent prosecution for rape.
- There was physical contact but no penetration.
- You had reasonable belief that the alleged victim had consented to have sexual intercourse.
Also, voluntary intoxication is not considered a valid defense to the charge of rape, and neither is impotency in a person who has reached the age of puberty.
How Can a Sexual Assault Lawyer Help You?
If you have been charged with a sexual assault charge of any kind, we highly encourage you to work with a qualified attorney. Gaining support from experienced lawyers, like one from Bernal Law, is an excellent way to put your best foot forward, protect your interests, and reduce the severity of penalties. We are prepared to help you in the following ways:
- Interviewing witnesses
- Helping formulate a plea
- Investigating the prosecutor’s case
- Evaluating potential sentences
- Gathering evidence
- Reviewing search and seizure procedures
- Negotiating with every party
- Preparing your case for court
- Consulting with experts
- Assuring that all documents are filed correctly and in a timely manner
- Communicating with the other parties on your behalf
- Organizing and presenting the evidence
- Accessing research methods and tools only available to legal professionals
- Referring you to additional legal specialists and experts
- Reducing any stress related to your case
Depending on your specific needs and circumstances, we can also provide additional support. Please refrain from representing yourself during legal matters, as self-representation can quickly result in worsened penalties and stress. However, when you retain support from an attorney at Bernal Law, we can help reduce consequences, time spent in litigation, stress, and other general risks.
What Sets Bernal Law Apart From Other Options for Legal Support?
Bernal Law, led by Attorney Pedro Bernal, is dedicated to providing outstanding legal representation to clients accused of crimes, including sexual assault and sexual abuse charges. We can make the entire legal process move forward smoothly, helping you confidently navigate the system.
Former Prosecutor
Attorney Bernal was a former prosecutor for almost a decade, so he has a strong understanding and background in the law. This gives him the unique position and perspective to predict the other side’s strategies and tactics.
With this understanding, we can ensure you are as prepared as possible to avoid surprise, confusion, or stress.
Fluent in English and Spanish
Attorney Bernal is fluent in English and Spanish, meaning you can feel comfortable communicating with the office in whichever language works best for you. We aim to help our clients feel comfortable in every possible way, including communication.
Former Deputy District Attorney
Attorney Pedro Bernal has additional legal experience, as he was also a Deputy District Attorney in the San Diego District Attorney’s Office. He prosecuted many different cases while serving in this area, including white-collar crimes, fraud cases, and drug trafficking offenses. He’s also tried many cases to jury verdicts.
Former Special Assistant United States Attorney
Attorney Bernal has also served as a Special Assistant United States Attorney in the U.S. Attorney’s Office in San Diego. In particular, he prosecuted several federal crimes while holding this position. He has a long track record of bringing success to his clients.
FIGHT FOR YOUR RIGHTS BY WORKING WITH A BERNAL LAW SEXUAL ASSAULT DEFENSE LAWYER IN SAN DIEGO, CA
If you have been charged with sexual assault in San Diego, you don’t need to fight alone. Bernal Law is here to help you fight for your rights. Our team, including sexual assault attorney Pedro Bernal, has the tools and resources necessary to help you progress through the legal system in the right direction.
We want to fight in your favor, so don’t hesitate to contact us with any questions or concerns you might have. You can reach us by calling (619) 736-9092 or completing our contact form at your earliest convenience.
