Rancho Cucamonga Rape Attorney
Your Side of the Story Deserves to Be Heard
California laws regarding sexual assault are stringent, aiming to protect victims while also ensuring an accused individual's rights are respected. Our firm, Brian Skibby Law Office APC, is committed to providing comprehensive legal defense, leveraging over 25 years of experience within the legal landscape of Rancho Cucamonga.
Our approach is client-focused, offering personalized legal strategies that acknowledge the unique aspects of each case. Given the seriousness of these allegations, obtaining skilled legal representation from a rape defense lawyer in Rancho Cucamonga is crucial. We understand the pressure and emotional weight of facing accusations, which is why our team works tirelessly to support our clients through every step of the legal process.
The emotional turmoil that comes with an accusation of this magnitude requires a defense team that not only serves as legal representatives but also offers a pillar of emotional support. Our firm prides itself on building trustworthy relationships that instill confidence in our clients, knowing that they are in capable and compassionate hands amidst such distressing circumstances.
Connect with a trusted Rancho Cucamonga rape attorney for a free, private consultation. Call (909) 695-0095 or reach out online now—your future and reputation are too important to delay.
What to Do If You Are Accused of Rape?
If you are under investigation or have been arrested, your next steps can affect the outcome of your case. We advise:
- Do Not Speak to Police Without an Attorney - Law enforcement may claim they want to "hear your side" or "clear things up." These interviews are often recorded and used against you.
- Preserve Evidence - Keep text messages, emails, photos, and call logs. Do not delete anything, even if it seems harmful—your attorney will assess it.
- Avoid Contact with the Alleged Victim - Any communication may violate restraining orders or be misinterpreted as intimidation.
- Hire a Rancho Cucamonga rape attorney immediately - The earlier your defense is prepared, the more options you will have.
Understanding California Rape Laws
California Penal Code §261 defines rape as non-consensual sexual intercourse accomplished by means of force, violence, duress, menace, fear of immediate bodily injury, intoxication (where the victim is prevented from resisting), or fraud (in limited situations). Rape charges can also apply when the victim is unconscious, mentally incapacitated, or unlawfully coerced.
As a Rancho Cucamonga rape lawyer, we work with individuals facing charges under this statute and related offenses, including:
- Statutory rape (PC §261.5)
- Spousal rape (PC §262)
- Rape of an intoxicated person (PC §261(a)(3))
- Rape by threat or fear (PC §261(a)(6))
- Date rape or acquaintance rape
Each of these charges has its own specific elements and penalties, and each requires a tailored criminal defense.
Potential Penalties for a Rape Conviction
Rape is always charged as a felony in California. A conviction can result in severe legal and personal consequences, including:
- Three, six, or eight years in state prison (for adult victims)
- Up to 11 years if the victim suffers great bodily injury
- Additional time for use of weapons, multiple victims, or gang enhancements
- Lifetime registration as a sex offender under Penal Code §290
- Loss of employment, professional licenses, gun rights, and immigration status
- No possibility of expungement for certain convictions
A Rancho Cucamonga rape attorney can fight to reduce or dismiss charges, seek alternative outcomes, or argue for mitigated sentencing when applicable.
How Rape Cases Are Investigated and Prosecuted
These cases are typically assigned to specialized law enforcement units. Investigations may involve victim interviews, sexual assault response team (SART) examinations, DNA and forensic evidence, search of digital records and communications, witness testimony, and surveillance footage.
Prosecutors will often pursue charges even without physical evidence or when the alleged victim chooses not to cooperate. In some cases, accusations are based solely on an alleged victim's statement.
It is critical to have a local attorney involved early to help shape the defense strategy and respond to the state’s evidence before charges are formally filed.
The Importance of a Skilled Rape Defense Attorney in Rancho Cucamonga
Our role as your sex crimes defense lawyer is to meticulously examine all evidence, identify potential flaws in the prosecution's case, and build a robust strategy tailored to your situation. In many cases, understanding the nuances of local laws and regulations can make all the difference. Our deep familiarity with Rancho Cucamonga's legal framework plays a vital role in crafting a compelling defense.
We provide affordable legal solutions with flexible payment plans, making our services accessible. Our commitment is to alter the trajectory of our clients' lives during these challenging times, providing not just legal representation, but a future-focused path to resolution.
Moreover, our strategic, detail-oriented approach involves scrutinizing every piece of evidence for inconsistencies, analyzing witness testimonies, and assessing procedural missteps that may have occurred during the investigation. By exploring every potential defense avenue and employing expert witnesses if necessary, we fortify your defense with comprehensive preparation and steadfast dedication.
Reach Out Today for Your Defense Consultation
Time is of the essence when facing serious accusations such as rape. As you prepare to embark on this critical phase of your life, let Brian Skibby Law Office APC be your trusted ally. Our combined legal acumen and hands-on approach ensure your defense is solidly anchored, reflecting our unwavering commitment to your case and future.
We invite you to contact Brian Skibby Law Office APC today at (909) 695-0095 to schedule your free consultation. Our dedicated team is ready to listen and help you navigate these challenging circumstances with professionalism and care.
When Results Matter
See Our Winning Case Results
-
Charges Dropped Assault with a Deadly Weapon
-
Dismissal on All Counts Attempted Murder
-
Case Dismissed Burglary
-
Case Won DMV Hearing
-
Case Won DMV Hearing
-
Case Won DMV Hearing
FAQs About Rape in Rancho Cucamonga
What Should I Do If I Am Accused of Rape in Rancho Cucamonga?
If you are accused of rape, it is crucial to consult with a rape defense attorney in Rancho Cucamonga immediately. Understand your rights and maintain your silence until you have legal representation to avoid any unintended self-incrimination. At Brian Skibby Law Office APC, we offer free consultations so you can explore your options without financial pressure.
How Can a Rape Defense Attorney Help Me?
A skilled rape defense attorney will provide comprehensive support by investigating all aspects of your case, understanding the relevant laws, and crafting a defense strategy tailored to your circumstances. Our team at Brian Skibby Law Office APC works collaboratively with you to ensure your rights are vigorously protected and that you are fully informed throughout the legal process.
What Are the Possible Outcomes of a Rape Defense Case?
The outcomes of a legal defense for rape accusations vary widely, dependent on case specifics. Potential results can range from a reduction or dismissal of charges to a court trial with varying verdicts. Our seasoned attorneys focus on achieving the most favorable outcome possible, drawing on our relational and legal expertise in Rancho Cucamonga.
It's also important for clients to understand that the legal process can be lengthy and complex. Throughout this period, Brian Skibby Law Office APC remains by your side, ensuring continual updates and clear communication, minimizing surprises, and fostering confidence in your legal journey.
How Important Are Local Connections in Legal Defense?
Having established relationships with local legal professionals can significantly benefit a defense strategy. Our decades of experience in Rancho Cucamonga provide us with insights and capabilities uniquely beneficial to our clients. Our firm is well-acquainted with local courts, which aids in familiarizing us with procedures that many outside attorneys may not fully appreciate.
What Constitutes a Successful Legal Defense in Rape Cases?
A successful legal defense involves more than a favorable verdict. It includes a strategy that ensures the protection of your rights, thorough fact-checking, and a personalized approach to each case. At Brian Skibby Law Office APC, we strive to deliver quality legal service by focusing on individual client needs and maintaining open communication, which is the hallmark of our practice.
Success also includes emotional resilience, wherein we assist our clients in navigating the societal impacts of the accusation. Our dedication to holistic support means advocating for your social and emotional well-being is as much a priority as achieving legal success.
A dedicated Rancho Cucamonga rape attorney is ready to fight for you. Schedule your free consultation today—call (909) 695-0095 or contact us online to get clarity, support, and legal protection.
Stay In The Know
-
What are my chances of getting a misdemeanor case dismissed?In addition to having a skilled lawyer argue that the case should be dismissed for various reasons, the County of San Bernardino offers a pretrial diversion program called RISE. This program is not guaranteed to all defendants. You must first be charged with an eligible misdemeanor crime and secondly, you must be found suitable by the court to participate in the program. Your attorney is the key factor to argue your suitability for the program. The program last for six months and during that time a defendant must complete educational classes, pay fees and restitution and must complete some community service. Once the program is completed, then the case will dismissed from the defendant’s record.
-
How do I restore my rights after pleading guilty or being convicted at trial?Because simply obtaining an expungement does not restore your rights you previously lost, you must file for a Certification of Rehabilitation. A Certificate of Rehabilitation is a process that if granted, indicates to the world that you are officially rehabilitated and thus restore many of your constitutional rights. If the court agrees that you are rehabilitated, then your Certificate becomes an automatic application for a Pardon. After 7, 9, or 10 years have passed since the petitioner was released from custody or sentenced or on his or her release on to probation or parole, then a petitioner can file a “cert.” The process is somewhat elaborate, but the bottom line is that a petition is filed with the Superior Court in the county in which you reside and the DA’s office immediately starts their investigation. In many cases, the DA’s office does little or no investigation at all. A court date is set and a hearing is conducted to determine if the petitioner is rehabilitated? If this hearing is successful, your certificate becomes an application for a pardon. In the meantime, the Department of Justice, FBI, and several other agencies change your records to note that you are rehabilitated. In some cases, you do not have to register as a sexual offender or a drug offender anymore. If your pardon is eventually granted after being sent to the Governor, then you will now be able to vote and own a firearm. The only exception is that you cannot have your pardon granted if you have 2 or more offenses. Likewise, your right to have a firearm cannot be restored if you were convicted of a felony with the use of a dangerous weapon.
-
What is an Expungement?After someone has pleaded guilty and been placed on probation and has either completed probation or else has been discharged prior to termination of probation, a defendant has the right to withdraw his plea of guilty. The defendant files a motion to request an expungement and it is sent to the probation department. They review the case and serve the DA. Either the DA or probation can oppose the motion. If granted the verdict would be set aside or you plea would be withdrawn and your case dismissed. There are some problems with this process. First, the DA’s office can still use these charges against you if you are charged with a subsequent offense. In order to file an expungement, you cannot presently be on probation for another offense. Although you are not required to disclose the offense in any private employment situation, you must disclose the charge in a direct questionnaire to run for public office, if you are contracting with the State Lottery or if you apply for any state or local license. What this means is if you want your state contracting license or real estate license or want to become a lawyer, doctor or accountant, you must disclose this offense. An expungement does not restore one's right to own a gun or vote and is statutorily denied to many sex offenders.
-
California Felony Probation and State Prison ExpungementsCriminal DefenseRead Article
-
The Division of Juvenile Justice (DJJ) will close down June 30, 2023Criminal DefenseRead Article
-
Why Hire a Criminal Defense Attorney for Misdemeanor Case?Criminal DefenseRead Article
-
The Rancho Cucamonga Court Remains the Most Convenient Court to Help the Public in San Bernardino CountyCriminal DefenseRead Article
-
How does a Misdemeanor Diversion Program work in a California Criminal Case?Read Article
-
San Bernardino County to Release County Inmates Due to Covid-19Criminal DefenseRead Article