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.