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Rape Defense Attorney in Oakland

Were you accused of committing rape?

If you have been accused of raping someone or another sex crime, you are going to need an aggressive defense attorney fighting in your corner for your freedom and your constitutional rights. Attorney Ernesto Castillo has years of experience defending clients in the state and federal courts against all levels of criminal charges, including serious felonies such as murder.

Attorney Castillo is a seasoned trial attorney who received the distinction of inclusion in the Super Lawyers® Rising Stars℠ list for 2013. He was honored with the Client Distinction Award by Martindale-Hubbell® in 2013. Additionally, he has been featured in various major media outlets including the Associated Press, CNN, FOX, NBC, CBS and ABC.

Rape Charges Under California Law

  • Under §261 (a), rape is defined as an act of sexual intercourse accomplished when the perpetrator and victim are not married under the following circumstances:
  • The victim is incapable of giving consent because of a mental or physical disability.
  • The act is accomplished against the victim's will by means of force, violence, duress, or fear of bodily injury on the victim or another.
  • The victim was unconscious.
  • It is committed against the victim's will by threatening to retaliate in the future against the victim or another person.

Under §263, the essential "guilt" of rape is defined by the mere outrage to the victim and the feelings of the victim of rape. Thus, any sexual penetration, however slight is sufficient enough to be considered rape under California law.

In California rape is a felony offense, punishable in a state prison for a term of 3, 6, or 8 years. Any person who commits a rape against a minor who is 14 or older will be imprisoned for 7, 9, or 11 years. If the victim of the rape was a child under the age of 14, the perpetrator faces 9, 11, or 13 years imprisonment.

Facing rape charges? Contact an Oakland sex crime attorney!

As you can see, being convicted of rape in California is no laughing matter. While rape is a serious offense, unfortunately it is not uncommon for innocent people to be wrongfully accused of this crime. However, since rape is a "he said she said" type of case, it is vital that you have a competent and aggressive Oakland criminal defense attorney fighting in your corner.

When you work with The Castillo Law Office, Attorney Castillo will fight hard to defend your rights and question any and all evidence against you. Whether you would be better served by a plea bargain or a jury trial, your best interests will be his top priority at all times.

Accused of rape? Don't leave your fate in the hands of the prosecution, contact us today to arrange a free, confidential consultation with Attorney Castillo.

Hear it From A Few
Of Our Clients

  • I would highly recommend Mr Castillo to anyone.

    “Mr Castillo represented me on a criminal case in which I was falsely accused in 2012. He took over the case from a previous lawyer who was less aggressive and not actively pursing my defense. Mr Castillo is a confident, aggressive and very persistent lawyer. He kept my family and I up to date on the case and also returned our calls on time. Mr Castillo persuaded me not to take any deal and wanted take the case to trial because he was confident that he would win. With the Lord's guidance and Ernie's aggressiveness my case was dismissed. I would highly recommend Mr Castillo to anyone.”

    DC

  • I can't thank Ernie enough for investing his time and sincere efforts to helping my family out. He truly is a master of his craft.

    “A few years back, Ernie Castillo represented a family member of mine who was charged with a vehicular offense. Although minor compared to the high profile cases Ernie is accustomed to, Ernie took the case with the utmost professionalism and was able to reduce the charge so that my family member's record was not affected. I can't thank Ernie enough for investing his time and sincere efforts to helping my family out. He truly is a master of his craft.”

    MS

  • I would recommend Mr. Castillo without any reservation.

    “Ernie Castillo was highly recommended to us. I researched and interviewed a few attorneys before making a decision of who we were going to select. It's so tough selecting when you're skeptical with the horror stories of attorney's not feeling the passion for their work but the money. After long conversations my husband and I decided to go with Ernie to represent our son in a serious case with multiple charges. We were not disappointed at all. Mr. Castillo expertise exceeded our expectations. His was thorough, he kept us up to date on the case, answered all our questions, returned our calls in a timely manner, he's truly a genuine and sincere person. Most of all his knowledge in handling the case was remarkable. I can't express thanks enough to Ernie for the spectacular job he did defending my son who was facing years in jail. He took a stressful situation and relieved it with a positive outcome. I would recommend Mr. Castillo without any reservation.”

    RE