Penal Code 261.5 Statutory Rape
What are the consequences if I am convicted of statutory rape?
The court may make you serve a sentence of up to three in state prison or up to one year in the Los Angeles County Jail if probation is granted.
Is Age a factor in determining the length of incarceration?
While the prosecutors and police detective are working around the clock to build a case against you, it is imperative to immediately build a successful criminal defense. Yes. The older you are in relation to the victims age, the more aggravating the offense. Therefore if you are for example 45 years of age and you have sex with a 16 year old, the court will determine this to be a very serious offense and may be very offended by the conduct.
However, if you are closer in age to the victim, the court will look at this as well. Thus if you are 18 years of age and your girl friend is 17 years of age, and you are both seniors at the same high school, there is still legal consequences including a criminal record. If you are less than 3 years of apart in age, the law considers these offenses to be misdemeanors.
If you are more than 3 years apart in age, the law considers these offenses to be wobblers meaning the prosecutor can file the case to be either as a misdemeanor or felony.
If you are older than 21 and the victim is younger than 16, this would also be a wobbler meaning the prosecutor can file the case as either a misdemeanor or felony.
What is the difference between a felony 261.5 charge and a misdemeanor 261.5 charge?
A misdemeanor carries punishment up to one year in the county jail. A fellony, if punished to state prison, carries a setencing range betweeen 16 months, two years or three years. Although a carries the possibility of time in state prison, the court has discretion to impose time at the local level and grant probation.
Does it help if I retain an experienced sex crimes criminal defense lawyer?
Yes. If you are facing charges of statutory rape, call our office at (626) 975-2080 for a free consultation. We can help you today.
We are available to help you 24 hours a day, 7 days a week. You may speak to a Los Angeles Criminal Defense Attorney by calling us toll free at 1-866- 548-2529 or at (626) 975-2080. Call us today because we can help you at this very moment.