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California Penal Code 261.5 PC Statutory Rape

What are the factors or elements for 261.5 PC Statutory Rape? 

In California, statutory rape is often called “unlawful sex with a minor”.  Under the California Penal Code, statutory rape is defined as a when any person engages in sexual intercourse with a person under the age of 18.

For sentencing purposes the most determinative factor in a statutory rape charge is the difference in age of the victim and defendant.  In California, the crime of statutory rape is referred to as a “wobbler” meaning it may be charged as a felony or a misdemeanor depending on the circumstances in the case 

Legal Consequences:

Statutory rape is a wobbler, which means that, depending on the circumstances, it may be charged as either a misdemeanor or a felony.

The age difference between the defendant and the minor is one of the main factors used in determining how the crime is charged. If the defendant is 21 or older and the minor is under the age of 16, the penalties are likely to be most severe, and can include up to four (4) years in California state prison! 

California Penal Code 261.5 PC Statutory Rape

How can we defend you against charges of California Penal Code 261.5 PC Statutory Rape?

Two of the most common effective legal defenses are:

  • No sexual intercourse occurred, and
  • You honestly and reasonably believed that the minor was over the age of 18. 

Contact us:

We have been successfully defending clients facing all types of criminal charges in Sonoma and Marin Counties, since 1992.

The 100 Trial Lawyers Association has recognized us as one of the best criminal defense attorneys in the country!

Please call our office today at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential case evaluation.

Don’t bargain with your freedom! The right attorney makes all the difference between your freedom and incarceration!

Please CLICK HERE to visit our dedicated page on sex crimes charges for more info. 

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Case Results

  • DUI- REDUCED
  • DOMESTIC VIOLENCE- REDUCED
  • POSSESSION OF METH- DISMISSED
  • FELONY ARSON- RESOLVED
  • RESISTING ARREST- RESOLVED
  • POSSESSION OF MARIJUANA- REDUCED
  • PROBATION VIOLATION- RESOLVED
  • POSSESSION OF COCAINE- REDUCED
  • CONCEALED WEAPON- DISMISSED
  • DRUNK IN PUBLIC- RESOLVED
  • JUVENILE DRUG/WEAPON- RESOLVED
  • FELONY RAPE- REDUCED
  • DUI- Hung Jury
  • SOLICITATION OF PROSTITUTE- DIVERSION
  • POLICE EVADING- REDUCED
  • DUI- REDUCED
  • DOMESTIC VIOLENCE- REDUCED
  • FURNISHING ALCOHOL/MINOR- RESOLVED
  • RESISTING ARREST- DISMISSED
  • ACCIDENT DUI- DISMISSED
  • CANNABIS CHARGES- REDUCED
  • DOMESTIC VIOLENCE- DISMISSED
  • DRUNK IN PUBLIC- DISMISSED
  • PUBLIC INTOXICATION- DISMISSED
  • JUVENILE CASE- DISMISSED
  • PROSTITUTION SOLICITATION- DISMISSED
  • ASSAULT & BATTERY- DISMISSED
  • ARSON- RESOLVED
  • PETTY THEFT- COMMUNITY SERVICE
  • POSSESSION OF NARCOTICS- DISMISSED
  • FELONY MARIJUANA- MISDEMEANOR
  • FELONY WEAPONS POSS.- REDUCED
  • Felony Assault - JURY ACQUITTAL
  • Domestic Violence - JURY ACQUITTAL
  • Felonies - REDUCED to 1 MISD.
  • Felonies - REDUCED to 1 MISD. NO JAIL
  • Sex Felonies - REDUCED/NO JAIL
  • Prostitution - DIVERSION/NO JAIL
  • 2nd Theft - DISMISSED
  • Drug Felonies - NO JAIL
  • Driving Misd - REDUCED TO INFRACTION
  • Resisting Arrest - DISMISSED
  • Juvenile Sex Felonies - DIVERSION
  • Multi-ED CODE Charges - REMAIN IN SCHOOL
  • 3 VOP'S - ALL DISMISSED
  • 1st Degree Burglary - REDUCED

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