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 In cases where consent is not established or is withdrawn, allegations of rape may arise.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.
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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.
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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.
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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.
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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.
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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.
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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.
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Not Guilty Felony Domestic Violence
Our client faced charges for felony domestic violence and misdemeanor child abuse. Mr. Donato showed the jury at trial that Mr. Hillman's spiteful ex-girlfriend had lied about the facts. Mr. Hillman walked into trial facing 10 years in prison, but he walked out a free man.
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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.
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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.
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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.
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Acquittal Attempted Murder
Client was facing life in prison for attempted murder after a shooting on a bus where the jury found the client acted in self-defense.
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Not Guilty Attempted Murder
Client was charged with several felonies including attempted murder and was acquitted of this charge by means of self-defense.
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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.
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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.
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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.
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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.
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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.
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Case Dismissed Domestic Violence
Client was arrested for domestic violence after boyfriend called the police and lied about a fight he in fact started. We showed the prosecution our client’s medical records documenting her significant injuries in contrast to her boyfriend’s minor injuries and the prosecution dismissed against our client to pursue charges against her boyfriend.
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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.
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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.
