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SAN DIEGO RAPE DEFENSE LAWYER

Accused of Rape? Your Life is on the Line.

Rape allegations are life-altering. We’ll fight tirelessly to protect your rights and reputation.

Rape Charges in California

Hi, I’m David P. Shapiro, a San Diego-based criminal lawyer and the Owner and Managing Partner of David P. Shapiro Criminal Defense Attorneys. Today, I want to address a question we frequently receive at our firm: “I’ve been charged with rape under Penal Code Section 261. How do I beat it? How do I avoid going to prison? How do I protect my reputation?”

Types of Rape Charges Under Penal Code 261(a)

Rape can be defined in various ways, but for this discussion, we’ll focus on Penal Code 261(a). This section covers:

  1. Forcible rape
  2. “Consensual” rape, which includes situations where the alleged victim is:
    1. Too intoxicated to legally give consent
    2. Unconscious (asleep or coming in and out of consciousness)
    3. Impaired due to alcohol, fatigue, or other factors

Penalties for Rape Convictions in California

Both forcible rape and rape of an intoxicated or unconscious person carry severe penalties:

  • Up to 8 years in state prison
  • Lifelong sex offender registration

How to Defend Against Rape Charges in San Diego

1. Remain Silent During Police Questioning

  • Don’t admit to being present at the time of the alleged incident
  • Avoid confirming any elements of the offense, such as having or attempting to have sex with the accuser
  • Let the police and prosecutor prove their case

2. Protect Your DNA Evidence

  • Don’t voluntarily provide DNA samples
  • Require law enforcement to obtain a warrant
  • Remember: protecting your rights doesn’t make you look guilty to a judge or jury

3. Hire an Experienced San Diego Rape Defense Attorney

Choose a law firm that:

  • Has experience defending against forcible rape cases
  • Has successfully handled cases involving rape of intoxicated or unconscious persons
  • Can develop a strong, viable, and smart defense strategy

Contact a San Diego Rape Defense Lawyer Today

If you want to learn more about rape charges in San Diego and how to build a strong defense, contact David P. Shapiro Criminal Defense Attorneys. We have the experience and knowledge to put you or your loved one in the best possible position moving forward.

Call us now for a confidential consultation.

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