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California Penal Code Section 261.5 There's No Alternative

California Penal Code 261.5

Are you facing charges for Statutory Rape in California? Violation of California Penal Code Section 261.5 is a very serious criminal offense. California prosecutors take sex crime charges very seriously, and you can expect them to pursue maximum penalties against you. Without proper legal counsel, you may miss opportunities to have your charges reduced or your case dismissed.

At the Law Offices of Randy Collins, our Orange County sex crime lawyers understand that many of those who are accused of statutory rape are not criminals. Call us today to take advantage of our free consultation and find out what your options are.

PC 261.5 Defined

Anyone who knowingly has intercourse with a minor is can be found guilty of Statutory Rape, a violation of California Penal Code 261.5. A minor is defined as anyone under the age of 18.

In order to prosecute for CPC 261.5 in Orange County, state prosecutors must be prepared to prove that you:

  • had sexual intercourse/sexual penetration with another
  • and did so with someone under the age of 18

Penalties for Violating CPC 261.5

The penalties or punishment for statutory rape depend on a number of factors, including the age gap between both parties. Statutory rape is known as a “wobbler”, which means that violators can be charged with a misdemeanor or felony offense depending upon the circumstances.

The following are maximum penalties for those convicted of statutory rape:

Misdemeanor :

  • Up to 1 Year in the Orange County Jail
  • A maximum $1,000 fine
  • An informal probationary period

Felony:

  • 16 months to 4 Years in a California State Prison
  • A probationary period
  • A fine of no more than $10,000

Age Gaps in Statutory Rape:

  • If the guilty party is no more than 3 years older than the victim, CPC 261.5 is filed as a misdemeanor
  • If the guilty party is more than 3 years older than the victim, 261.5 CPC is filed as either a misdemeanor or felony
  • If the guilty party is no more 21 year old and the victim less than 16, PC 261.5 is filed as either a misdemeanor or felony

It should be noted that there are other California penal codes that govern types of rape such as, date rape, spousal rape or oral copulation, which carry other fines.

Other Potential Punishments:

Defendants may be required to register as a sex offender. They may also be subjected the Three Strikes Law of California. In addition, if the victim was affected by great bodily injury, fines and prison time may be increased. If the defendant is convicted and fails to register, they may be charged with violating PC 290 in addition to other offense.

Since sexual assault is a serious offense, it is imperative to work with a skilled defense team in order to prove one’s innocence. Sexual assault accusations can take a toll on one’s reputation, career and life, so tread carefully. Call 844-285-9559 or fill out our contact form for a free sex crime case evaluation.

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    "They are such a great team to work with."
    I was new in the US and I didn’t know anything or what to do from Day 1 from presenting my case to Randy. He reassured me that he would help me and that I shouldn’t worry. He was very supportive, responsive to every question no matter how silly it was he was very patient and comforting. He knew exactly how to address the problem and had a plan of action and after a long 2 years, he won my case I appreciate every effort Randy & Chris have done. They are such a great team to work with and I would recommend him in a heartbeat
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    "Randy is one of the best attorney's you could ever have."
    Randy is one of the best attorneys you could ever have. I’m eternally grateful to Randy and his team for his dedication and professionalism. Randy is very brilliant when it comes to felonies, probation violations, or other criminal cases... Randy is the best lawyer you can have. when other lawyers told me they couldn’t help me out... Randy always told me he can help me and there was never an impossible case to bring in his favor. He was always in touch and keeping me updated on my case, and he gave me the peace and comfort I needed during difficult times. This is the second time he has had to help me stay away from jail. I will never look into other lawyers. I’ll be a loyal client to Randy from now on. You are #1, Randy. Thank you
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    Randy worked tirelessly for over two years to have my case dismissed and I can’t thank him enough for everything that he did for me.
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    I called the office and right off the bat, I was super impressed at how much help I was receiving without even meeting in person. Chris (the guy who answered my call) is extremely nice and he explains everything so well. He told me how he used to work at the courts for many years (that gave me relief that he knew what he was talking about). Randy (the attorney) is delightful as well and put my worries to rest with his expertise and knowledge. You can tell by his demeanor and how passionate he speaks, that he is genuine and he cares about his clients. This office handles everything from DUI cases to just about anything criminal related.
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    I hired Randy after my previous attorney failed to give me proper information and caused me to violate my probation. Randy appeared in court for got the issue resolved without any head aches. He was a man of his word and I highly recommend him.
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