An attempted rape charge is severe, and you'd be facing registering as a sex offender with your local law enforcement agency for the rest of your life.
Under California Penal Code 664 PC, an unsuccessful attempt at a criminal act can be punished. An attempt is deemed a crime if you intend to commit the crime and take a direct but ineffective step toward the crime's commission. The punishment is usually half the sentence imposed if you have completed the crime.
California Penal Code 261 PC rape is any sexual intercourse accomplished against the victim's consent through force, threats, violence, coercion, fear of bodily harm, intoxication, loss of consciousness, etc.
The primary component of rape is that the victim did not or was not able to give their consent to sexual intercourse.
Thus, attempted rape is an attempt to have sexual intercourse with someone without their consent, where no sexual penetration occurs. Perhaps the victim could have successfully resisted before penetration, or the perpetrator changed their mind.
In these cases, the prosecution must prove beyond a reasonable doubt that you intended to rape someone and took a direct, though ineffective, step toward committing rape. Perhaps the victim has evidence of injuries.
Experienced Sex Crime Defense
So, when you choose your attorney, you want to select somebody with experience dealing with these offenses. That would include negotiation resolutions in these cases and, of course, taking these cases to trial.
Even if your case is not the type of case that should be taken to trial because the authorities have good evidence against you, you still want an attorney who has that background because they're going to be able to point out any weaknesses to the prosecutor, which is one thing that they will consider when resolving an attempted rape case. Prosecutors will closely review the following:
- Your background and criminal record,
- Whether you have any prior convictions, and
- Whether you have prior convictions related to sex crimes.
- They'll also look at your general background,
- What you do for a living,
- Who you come in contact with.
- They will look at the facts and circumstances surrounding the case that caused you to be arrested or investigated by law enforcement.
The worse the facts are from their perspective, the worse the punishment is going to be from their perspective.
In addition to looking at the facts and circumstances surrounding your case, they will generally look at whether you are a danger to the community. The more dangerous you're perceived, the more punishment will be met out, and the more restrictions will be put on you.
Penalties for Attempted Rape
If you are convicted of attempted rape, you will typically face half the sentence for rape, which is a felony punishable by three, six, or eight years in state prison and a fine of up to $10,000.
Thus, an attempted rape conviction carries a sentence between 18 months to four years in state prison and a maximum fine of $5,000.
Further, rape and attempted rape convictions mean you must register as a sex offender under California Penal Code 290 PC.
Negotiation or Fight the Case?
So, when you talk about finding the right attorney, not only do you want somebody who has experience dealing with these cases – both negotiating them and also trying them – but you also want someone that you feel comfortable with when you sit down and meet with them and talk to them about your case.
Because that attorney will be the exact attorney that negotiates with the judge and the prosecutors, and that is championing your position.
What I have you do is come in. We sit down and go over the whole case. I encourage you to be honest so I can evaluate it and give you an idea of what you're up against, number one and number two, a game plan specifically designed for you.
So, if you need the best – you're looking for the right attorney for your attempted rape case -- look no further. You've come to the right place. I've been doing this for over 30 years.
I started working for the District Attorney's office, then for a Superior Court Judge as a right-hand man, and finally, in the early 1990s, I began to defend people like you. Pick up the phone now. Ask for a meeting with Ron Hedding. I stand ready to help you. The Hedding Law Firm in located in Los Angeles, CA.