Statutory Rape Attorney in Rancho Cucamonga
Facing Serious Allegations? You Need Trusted Legal Support
In California, statutory rape is a serious offense with complex legal implications. The law prohibits individuals over 18 from engaging in sexual activities with anyone under the age of consent, which is 18 in the state. Each case is unique, influenced by factors like the ages of both parties involved and the nature of the relationship.
Potential consequences are severe, ranging from fines to imprisonment, highlighting the need for skilled legal representation. Engaging a knowledgeable statutory rape lawyer in Rancho Cucamonga can help navigate these complexities, ensuring all legal defenses are carefully explored.
An experienced statutory rape attorney in Rancho Cucamonga is ready to stand by your side. Call (909) 695-0095 or message us today to set up your free, confidential consultation.
Understanding Statutory Rape (Unlawful Sexual Intercourse) in California
In California, the offense commonly referred to as "statutory rape" is legally termed Unlawful Sexual Intercourse under California Penal Code Section 261.5. This statute specifically criminalizes an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor.
Crucially, the law establishes that a person under 18 years of age cannot legally consent to sexual intercourse. This means that even if the minor willingly participated, or even initiated, the sexual activity, the older individual can still be charged with statutory rape. The legal premise is that minors lack the capacity to provide informed consent due to their age. This is a critical distinction that a knowledgeable statutory rape attorney in Rancho Cucamonga will emphasize.
The severity of the charge for unlawful sexual intercourse (statutory rape) in California depends on several factors:
- Age Difference (3 Years or Less): If the perpetrator is not more than three years older than the minor, the offense is typically a misdemeanor, punishable by up to six months in county jail and/or a fine of up to $1,000. This is often referred to as a "Romeo and Juliet" provision in other states, but California does not have a formal "Romeo and Juliet" law that fully exempts such cases from prosecution; it only reduces the potential penalties. Your Rancho Cucamonga statutory rape lawyer will explain this nuance.
- Age Difference (More than 3 Years): If the minor is more than three years younger than the perpetrator, the offense becomes a "wobbler." A wobbler offense can be charged either as a misdemeanor (up to one year in county jail) or a felony (punishable by 16 months, two, or three years in state prison).
- Perpetrator 21+ and Minor Under 16: If the perpetrator is at least 21 years old and the minor is under 16 years of age, the offense is also a wobbler, punishable by up to one year in county jail or two, three, or four years in state prison.
- Minor Under 14 and Perpetrator 10+ Years Older: If the minor is under 14 years old and the perpetrator is 10 or more years older, the crime is a straight felony, carrying a potential state prison sentence of three, six, or eight years. This is considered an extremely serious form of statutory rape.
Mandatory Sex Offender Registration
This is arguably one of the most devastating consequences. Conviction for most felony statutory rape charges, and even some misdemeanor charges depending on the age differential and specific facts, will require mandatory registration as a sex offender under California Penal Code Section 290. California now operates on a tiered system:
- Tier One: Requires registration for a minimum of 10 years (for lower-level offenses).
- Tier Two: Requires registration for a minimum of 20 years (for mid-level offenses).
- Tier Three: Requires lifetime registration (for the most serious offenses, including those that involve certain age differences or aggravating factors in statutory rape cases). Sex offender registration is publicly accessible via Megan's Law websites and severely restricts where a person can live, work, and even travel. It creates immense social, professional, and personal barriers, akin to a modern-day scarlet letter.
Navigating SORA classifications and potential petitions for removal (if eligible) is a critical component of defense handled by an experienced statutory rape attorney in Rancho Cucamonga.
Defense Strategies & Our Approach
At Brian Skibby Law Office APC, we offer personalized legal defense strategies tailored to the specific circumstances of your case. With over 25 years in criminal defense, we possess the knowledge to challenge evidence, cross-examine witnesses effectively, and present a compelling case in court.
Our strategies are built on thorough investigation and a commitment to protecting your rights. This includes a detailed analysis of your case, examining angles such as mistaken age or consent misconceptions, and leveraging any mitigating factors.
We are also mindful of the long-term implications of statutory rape accusations, which may affect employment, reputation, and personal relationships. Our commitment extends beyond the immediate legal battle to minimizing the enduring impacts on your life.
Why Choose Us as Your Statutory Rape Lawyer in Rancho Cucamonga
When you select Brian Skibby Law Office APC, you choose a firm deeply embedded in the Rancho Cucamonga legal community. Our track record reflects strong relationships with local judges and prosecutors and our dedication to achieving favorable outcomes in statutory rape defense cases. We prioritize open communication, ensuring you are informed at each step of your case.
- Experienced Representation: Benefit from over 25 years of trial practice in criminal defense.
- Local Expertise: We leverage established relationships within the Rancho Cucamonga legal system.
- 24/7 Availability & Support: Access our legal team any time you need assistance.
- Affordable & Accessible: We offer reasonable rates and flexible payment options.
Take Action Today: Protect Your Future
If you are facing statutory rape charges in Rancho Cucamonga, contact Brian Skibby Law Office APC immediately. We offer free consultations to discuss your case's specifics, ensuring you understand your rights and available legal pathways. With over 25 years of defense experience, our team is ready to develop a personalized defense strategy to protect your future.
Embarking on a legal challenge necessitates trusted guidance and support, which is exactly what Brian Skibby Law Office APC provides. With our dedicated team in your corner, you can progress with confidence, knowing your legal interests are represented with proficiency and dedication.
Let a proven statutory rape attorney in Rancho Cucamonga help you build a strong defense. Contact us by calling (909) 695-0095 or reaching out online now. We remain accessible around the clock.
When Results Matter
See Our Winning Case Results
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Charges Dropped Assault with a Deadly Weapon
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Dismissal on All Counts Attempted Murder
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Case Dismissed Burglary
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Case Won DMV Hearing
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Case Won DMV Hearing
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Case Won DMV Hearing
Frequently Asked Questions
How Can a Statutory Rape Attorney Help My Case?
A qualified statutory rape attorney analyzes the evidence, challenges improper procedures, and develops a strong defense tailored to your situation. They may negotiate reduced charges, seek dismissal, or prepare for trial, depending on the specifics of your case.
What Should I Do If Accused of Statutory Rape?
Do not speak to police or investigators without a lawyer present. Contact a criminal defense attorney immediately to protect your rights, assess your case, and begin building a strategy before any formal charges are filed.
What Makes Brian Skibby Law Office APC Different from Other Defense Firms?
We offer personalized legal support, open communication, and strong local relationships within the Rancho Cucamonga court system. Our firm is committed to protecting your future while treating your case with the urgency and discretion it deserves.
Can Statutory Rape Charges Be Dismissed or Reduced?
Yes. Depending on the evidence, your age, the alleged victim’s age, and other circumstances, your attorney may be able to reduce the charge or get the case dismissed entirely—particularly in cases involving close-in-age relationships or unclear consent issues.
Will I Have to Register as a Sex Offender?
Possibly. Some statutory rape convictions require mandatory registration, while others may allow your attorney to argue for alternatives or exemptions, especially for first-time offenders or in less severe cases.
Does Consent Matter in Statutory Rape Cases?
Under California law, a minor under the age of consent (generally 18) cannot legally consent to sexual activity, even if they willingly participated. However, your attorney can still argue mitigating factors to reduce penalties or seek alternative outcomes.
What If the Alleged Victim Lied About Their Age?
While a minor’s misrepresentation of their age is not a full legal defense in California, it may influence how the prosecution approaches the case and could help during plea negotiations. It’s important to raise this issue early with your lawyer.
How Long Does a Statutory Rape Case Take?
Timelines vary, but a case can take several months to over a year, depending on the complexity, court scheduling, and whether it goes to trial. Early legal intervention helps keep the process as efficient and favorable as possible.
Stay In The Know
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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.
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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.
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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.
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