Wais Azami is a rape defense attorney who routinely defends against such charges in California. This is a crime of moral turpitude with immigration consequences. Mr. Azami has years of experience as one of the OC’s top criminal defense lawyers. We are centrally-located to all courts in OC.
Consensual or Rape?
Many of my clients have known the alleged victim through dating or a relationship when they are accused. Allegations of rape in the traditional movie setting of a dark alley by a stranger is very rare. Usually, my clients are attempting to break up and have an argument. Then there is a confusion as to whether the sex or the argument occurred first and whether the sex was consensual. This is where trusting your attorney to be understanding really matters. I’ve had such cases and I’ve had such charges dismissed!
California Penal Code 261 defines the crime of rape as:
using force, threats, or fraud to have sexual intercourse with another person without consent. Rape is a felony punishable by up to 8 years in state prison. Under Megan’s Law, a conviction also requires lifetime registration on a national sex offender registry.
Intercourse is defined as penile penetration of vagina, however slight.
The following acts constitute rape under PC 261. These include non-consensual sex with someone else when:
- the other person is incapable of consenting due to a mental disorder,
- the intercourse is done by the use of force, violence, or duress,
- the other person cannot consent because of intoxication, and
- the other person is unconscious of the act.
Defenses to charges of rape under PC 261:
- had consent,
- no sexual intercourse, and/or
- falsely accused
False accusations are not uncommon, and I have defended such cases. A defendant may contest a rape charge with a legal defense.
Penalties charges of rape under PC 261:
- State prison for 3, 6, or 8, and/or
- formal probation (felony probation)
- Immigration consequences
- Loss of right to firearms
- Possible loss of public assistance programs
Have you been accused of rape?
Call the Law Offices of Wais Azami at (714) 321-9999. Or schedule a *free consultation with our rape lawyer in Orange County here. We will generate a defense plan which aims to get the charges dismissed, reduced, and/or the consequences mitigated.
