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 In cases where consent is not established or is withdrawn, allegations of rape may arise.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.

  • Case Dismissed DUI

    Our cient's DUI was dismissed after we obtained the officer's in car camera video which revealed the officer had fabricated major portions of the report.  Thanks in part to Mr. Donato's discoveries, the officer in this case was arrested and eventually plead guilty to numerous counts of perjury and obstruction of justice.  The officer was ultimately sentenced to prison.

  • Reduced to a misdemeanor Charged with felony sexual battery

    Appointed Indigent Defense Counsel in San Joaquin County; the client was charged with felony sexual battery and looking at his third strike and 25 years to Life in prison; upon body worn camera review, Mr. Donato was able to present evidence to the DA and had the case reduced to a misdemeanor and the client was released from jail custody that day.

  • Case Dismissed Felony Charge

    Getting this felony case dismissed at preliminary hearing was a fight. But by effectively cross examining the arresting officer and showing that our client was not an accomplice to the alleged crime, Mr. Donato succeeded in getting this dismissal.  Our client came into the preliminary hearing facing felony charges of conspiracy and battery with great bodily injury, and he walked out a free man with an untarnished record.

  • Case Dismissed Battery Charged

    With a client facing charges for spousal battery, a serious offense that would have cost him his job, Mr. Donato effectively negotiated with the DA, resulting in a full dismissal in return for 12 anger management classes.

  • 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 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.

  • 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.

  • Not Guilty Illegal Discharge of a Firearm

    Client was charged with multiple felony assaults and unlawful discharge of a firearm with gang enhancements and looking at life in prison. Mr. Donato was able to get a full acquittal.

  • Dismissed Felony child abuse

    Private Retained Counsel in Sacramento County; client was charged with felony child abuse and the DA offered prison time for plea bargan, Mr. Donato obtained the opinion of a child abuse expert and was able to get the DA to dismiss the case in the interest of justice.

  • Not Guilty Sexual Assault

    With a client facing life in prison on sexual assault charges, our office decided to take this case to trial. After fighting to expose the holes in the Prosecution's case, the jury returned not guilty verdicts on all counts.  Our client was released from custody the same day.

  • 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 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 Marijuana for Sale

    Our client was facing felony charges of cultivation and possession of marijuana for sale.  After successfully having the case dismissed, Mr. Donato also negotiated with the District Attorney to return the $20,000 in cash that was seized from our client.

  • Penalty Reduced Domestic Violence with Great Bodily Injury

    People v. Carter Reduced (Probation) Client was a professional athlete and broke his girlfriend’s elbow during a domestic incident. Original offer was five years in prison. Our investigation showed the conflicts and changes in the victim’s story, and we effectively negotiated the case down to house arrest and probation.

  • 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.

  • 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 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.

  • Not Guilty Possession of a Concealed Firearm

    Charged with possession of a concealed firearm inside of a car, our client was facing special criminal enhancements. Not only did the gun have an illegal high-capacity magazine, our client allegedly possessed the gun in association with a gang.  Mr. Donato fought this case at trial and hung the jury 9-3 for not guilty. But the District Attorney elected to re-try the case. Mr. Donato responded by taking the case to trial again, this time returning with a full not guilty verdict.

  • Case Dismissed Possessing Marijuana for Sale

    Mr. Donato covinced the District Attorney that his client was protected under the Medical Marijuana Laws as a legal caregiver, and all felony charges regarding possessing marijuana for sale were dismissed.

  • 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.