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 In cases where consent is not established or is withdrawn, allegations of rape may arise.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

  • 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.

  • 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.

  • 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.

  • 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 Attempted Murder

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

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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 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.

  • 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.

  • 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 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.

  • 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.

  • 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 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.

  • 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.