Rape

Sacramento Rape Defense Attorney

Experienced Defense For Rape Charges in California

Rape charges are among the most severe and life-altering legal matters anyone can face. At Donato Legal Group, we understand the emotional, legal, and personal toll such accusations can take on individuals. Our Sacramento rape defense attorneys are here to defend your rights and help you navigate the legal system with expertise and compassion.

Call Donato Legal Group today at (916) 318-5997 or contact us online to schedule a consultation with our rape defense lawyer in Sacramento.

What is Rape?

Rape is considered non-consensual sexual intercourse with another person. In California, rape is considered a serious criminal offense and is covered under California Penal Code 261. This includes engaging in sexual intercourse with a person who is incapable of giving consent, who is forcibly or unlawfully compelled to engage in sexual activity, or who is unconscious. The concept of consent is a central aspect of rape charges in California.

It's important to note that consent should be clear, informed, and freely given by both parties involved. In cases where consent is not established or is withdrawn, allegations of rape may arise.

What are the Penalties for Rape in California?

Penalties for rape in California can be severe and may differ depending on the circumstances surrounding the alleged offense. In general, rape convictions may result in consequences such as:

  • Prison Time: Those convicted of rape can face significant prison sentences, ranging from three to eight years. In some cases, individuals may be sentenced to even longer terms if additional factors are present, such as prior criminal records or the use of weapons.
  • Sex Offender Registration: Convictions for rape often require individuals to register as sex offenders. This registration can have long-lasting effects on one's personal and professional life.
  • Criminal Record: A rape conviction will result in a permanent criminal record, affecting employment prospects, housing opportunities, and other aspects of your life.
  • Probation: Some individuals could be sentenced to probation instead of or in addition to prison time. Probation comes with specific conditions and restrictions that must be followed.
  • Mandatory Counseling: Courts may order individuals convicted of rape to undergo mandatory counseling, which can be a condition of probation or parole.
  • Restitution: Convicted individuals may be required to pay restitution to the victim to cover expenses related to the crime.
  • Loss of Civil Rights: Convictions for rape can lead to the loss of civil rights, like the right to own firearms.

How to Defend Against Rape Charges

Common defenses against rape charges in California may include:

  • Consent: Demonstrating that the sexual activity was consensual and that both parties willingly engaged.
  • Mistaken Identity: Proving that the accused did not commit the alleged rape.
  • Lack of Evidence: Challenging the evidence presented by the prosecution, such as DNA evidence, eyewitness testimony, or other forms of proof.
  • Alibi: Providing evidence that the accused was in a different location when the alleged rape occurred, establishing an alibi.
  • False Accusations: Demonstrating that the accusations are based on false information, misunderstandings, or ulterior motives.

Contact Our Rape Defense Lawyer in Sacramento Today

If you or a loved one is facing rape charges, the Donato Legal Group is here to provide the strong legal representation you need. Our Sacramento rape defense attorneys are committed to protecting your rights, providing support throughout the legal process, and working tirelessly to achieve the best possible outcome for your case. We will listen to your side of the story, assess your case, and begin building a strong defense strategy tailored to your unique situation. When your future is at stake, we are here to defend it.

Contact Donato Legal Group today to get started with our Sacramento rape defense attorney.

Recent Case Results

We Prepare Every Case as if it's Going to Trial

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

  • Not Guilty Gang Enhancement

    Our office was proud to defeat the gang enhancement charge at trial for our client, who was charged with possessing a firearm for the benefit of a gang.  Defeating the gang enhancement was the sole reason for going to trial, and it saved our client from gaining a second strike conviction, not to mention significant prison time.

  • Acquitted of ALL charges (Trial) Felony Sexual Assault of a Minor

    Client was a group home employee and was accused by one of the (minor) group home residents of sexual misconduct. Our office successfully showed the complaining witness was lying about the allegations, and the jury unanimously acquitted Ms. Roberts of all charges after deliberating for only a few hours.

  • Penalty Reduced Felony DUI

    Client had previously been to prison for multiple DUI’s and was arrested again for DUI. We got client into treatment and persuaded the court (over the prosecutor’s objection) to sentence him to rehab instead of prison. Mr. Gerber is now a successful (and sober) project manager in the Bay Area.

  • Case Dismissed Robbery

    Client was facing robbery charges and our investigation showed the witness was not likely to show up for trial. We pushed to get this case before a jury, and when the prosecution was unable to produce evidence against our client the case was dismissed.

  • Case Dismissed Battery Charge

    This battery case was ultimately dismissed after our office conducted investigation and found independent witnesses who stated that the victim lied to police and actually started the fight.  The DA agreed to dismiss the case and Ms. August was able to maintain her clean record.

  • Case Dismissed Possession of Methamphetamine for Sale

    Our client was one of several defendants charged with possession of methamphetamine for sale. The defendants were found at an alleged "crack-house" surrounded by various illegal narcotics, and even firearms. After threatening to go to trial, Mr. Donato had the entire case against our client dismissed by day two in court.

  • Not Guilty Robbery & Felony Assault

    Charged with robbery and felony assault resulting in great bodily injury, our client was facing multiple strikes and significant time in prison. Mr. Donato took this case to trial, earning not guilty jury verdicts on both charges. Mr. Escobar walked out of court a free man, holding his young daughter in his arms.

  • Dismissed Embezzlement

    Client was a military veteran that was accused of embezzlement from his employer. Mr. Donato was able to get the employer and DA to drop all charges and dismissed the case.

  • Case Dismissed Assault with a Deadly Weapon

    Dismissed Client was charged with brandishing a firearm when he had a confrontation with his daughter’s boyfriend in his own home. We effectively fought to get this case dismissed on the eve of trial.

  • Full Acquittal DUI

    Mr. Donato won a full acquittal at trial by showing that the DA could not prove Mr. Brown was under the influence of alcohol at the time he was driving.  The jury concluded the case was too speculative, and Mr. Brown walked on all DUI charges against him.

  • Dismissed 1st Degree Murder

    Appointed Indigent Defense Counsel in San Joaquin County; Client was charged with 1st Degree Murder looking at 75 years to Life in prison: upon case discovery review, Mr. Donato was able to present evidence to the DA and get the entire case dismissed in the interest of justice.

  • Case Dismissed Assault with a Deadly Weapon

    After an intense road rage incident, our client was charged with assault with a deadly weapon for allegedly ramming another car with her own. After diligent investigation and negotiations with the Prosecutors in this case, Mr. Donato persuaded the government to dismiss the case in its entirety.

  • Full Acquittal DUI

    Our office took this case to jury trial and received a full acquittal on all charges including DUI and refusing to take a chemical test.  This would have been Mr. Sanchez's second DUI and would have resulted in a year long license revocation.

  • Case Dismissed Drug Charge

    Our client's drug case was dismissed after Mr. Donato proved to a judge that the officer's only basis for conducting a probation search in this case was for harassment purposes in violation of his client's 4th Amendment Rights.

  • Suspension Waived DMV Administrative Per Se Hearing

    At this DMV Administrative Per Se hearing, Mr. Donato argued that the Campus Police Officers did not have lawful authority to conduct a traffic stop away from campus. The Hearing Officer agreed and set aside our client's Campus license suspension.

  • Case Dismissed Possessing Marijuana for Sale

    Even before trial, our office had this case dismissed by presenting evidence that our client, who faced felony charges of possessing marijuana for sale, qualified as a legal caregiver and was protected from prosecution under the California medical marijuana laws.

  • Case Dismissed Vehicle Theft and Evading Law Enforcement

    With our client charged with felony vehicle theft and evading law enforcement, Mr. Donato sought out the necessary investigation to show that his client was actually not the driver of the vehicle. The DA dismissed all charges.

  • Not Guilty Possession of Methamphetamine for Sale

    With a client facing charges for possession of methamphetamine for sale in addition to firearm enhancements, even the judge questioned Mr. Donato as to why he was taking the case to trial. In the end, however, the jury had very few questions to ask, as it took them less than an hour to return their not guilty verdicts for Mr. Donato's client.

  • Case Dismissed Felony Marijuana Charges

    Dismissed Client was charged with multiple felony marijuana related charges. Our investigation showed that client was not involved in the operation although she was present during execution of the search warrant. The case was dismissed as to our client, whereas the co-defendants were convicted.

  • Not Guilty Attempted Murder

    Client was charged with several felonies including attempted murder and was acquitted of this charge by means of self-defense.