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Contributing Author, Grand Jury Investigations, Calfornia Criminal Law and Procedure Manual (Continuing Education of the Bar, 2004-Present)
Rape Defense Lawyers: Aggressive Defense Strategy
Accused of Forcible Rape or Date Rape? Any rape accusation and arrest, without any evidentiary basis or corroboration, is devastating to the person accused.
Kestenbaum Eisner & Gorin, LLP, is a top-rated criminal defense law firm. Our criminal defense attorneys have been helping clients obtain superior results for over 50 years. Our firm specializes in the defense of Sex Assault and Rape Offenses. We specialize in aggressively defending sex crime cases in the following courthouses: Van Nuys, San Fernando, Santa Clarita, Burbank, Glendale, Pasadena, Sylmar Juvenile, Pasadena Juvenile and throughout Los Angeles County.
Our criminal defense lawyers are former Los Angeles prosecutors who specialized in litigating sex crime offenses on behalf of the state, and understand where the government’s problems of proof often lie. When we work with our clients, we do everything possible to make sure that they receive aggressive representation in and out of court! That is why we have been rated a Pre-Eminent Top 5% U.S. Law Firm by Martindale-Hubbell, a national Lawyer Review Service, annually since 2003.
Definition of Rape in the California Penal Code: Penal Code Section 261
Penal Code Section 261 defines Forcible Rape as sexual intercourse with an alleged victim without consent. Even if no physical force is used, rape charges may be pursued by the prosecution where the victim is too intoxicated or physically or mentally disabled to provide lawful consent. Other criminal charges also may be prosecuted alleging forcible sex acts, including violations of Penal Code Section 288 and 289 such as sodomy, forcible oral copulation, rape using a foreign object, or forced oral copulation. Date Rape, or Rape using alcohol or GHB, or other substances, may also be prosecuted as violations of Penal Code Section 261 by the District Attorney’s Office. The Prosecutors' Office may seek life sentencing when charging multiple forcible sex crimes.
Forcible Rape or Date Rape is legally different from a violation of Statutory Rape, Penal Code Section 261.5, defined as the consensual sex with a minor under the age of 18, and Child Molestation, Penal Code Section 288(a), defined as any sexual touching of a minor under the age of 14.
The legal consequences of a Forcible Rape or Date Rape crime conviction may be life-changing. A person who is convicted of Forcible Rape at trial may receive at least 3-8 years in prison per count of Rape, parole, sex offender registration for life, and substantial fines. It is of tremendous importance that you retain the legal services of an experienced San Fernando Valley criminal defense attorney who has the expertise and experience in fighting such serious accusations in court.
Rape sentencing may be enhanced if the defendant used a weapon in the commission of the crime, caused great bodily injury, or has a prior conviction on his or her record. Rape is considered a violent offense under the Penal Code, which means it is a “strike.” If you or your loved one is facing Forcible Rape charges, and have a prior strike conviction, it is crucial that you obtain experienced legal counsel. Our law firm has defended high-profile sex crime accusations, and understands the prosecutor’s office is under pressure to obtain a conviction. We will help you to aggressively fight your case to avoid the consequences from a Three Strike Offense on your record.
When we begin our defense, we work to immediately intervene with the police and prosecutors on your behalf, before charges are even brought to court. We have a private investigator on staff who will respond to interview witnesses right away. Our law firm has had numerous cases with sex crime accusations dropped - before even going to court! It is important to act now, before witnesses’ memories fade or crucial physical evidence is destroyed. Our law firm has defended numerous cases which were rejected for prosecution because of proof problems. We even have documented cases where the alleged victim made a false claim of rape because of embarrassment, or to get back at the accused for some perceived wrong.
If charges are already pending, we strive to provide an aggressive courtroom defense whether at the preliminary hearing or jury trial. We are tenacious in reaching our courtroom goals of either having all charged dropped or reduced or securing an attractive case settlement.
For our client’s convenience, our main office is located across the street from the Van Nuys Courthouse and Jail. Our other San Fernando Valley law offices are located in Burbank, Glendale, Pasadena, and Santa Clarita.
If you have been charged with a Rape or Sexual Assault offense, call the criminal defense attorneys at Kestenbaum, Eisner & Gorin, LLP, at (877) 781-1570. Our knowledgeable legal team can evaluate your case issues and advise you of your legal options before you go to court.
Contact the law firm today and receive an immediate response to your inquiry!