Skip to main content

I was charged with felony , statutory rape , the girl had just turned 18 , i was already 21, can it be reduce to misdemeanor

Santa Clara, CA |

i was 21 she was turning 18 the night before, or i should say a couple of hours. i got found guilty even do she consented the act and lied about her age/

Attorney Answers 3

Posted

You are not being charged with a felony statutory rape charge when the girl was turning 18 in 2 hrs. If you want help please give us accurate information but make sure you say I was arrested for allegedly doing xyz and make no admissions.
Robert Driessen

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.

Mark as helpful

2 lawyers agree

6 comments

Asker

Posted

i hired a lawyer , it was in the year 2000, i got found guilty , i was already 21 when it happend we went to court and i plead guilty i got also charged with a second count fro distributing alcohol , it happend that me and the girl met at a party , i wasnt the only 21 year guy there, but since she stated she had been drinking i got also charged with that , i paid my restitution fees , finish my probation fine , i did some workforlough as well, now i want to fix my migrotory situtation but the felony is a big problem at the time , now im just wondering if i have a chance to reduce it to misdemeonor and sponge it

Asker

Posted

what should i do , do i contact my lawyer for this case again , to try and reduce it/

Robert Laurens Driessen

Robert Laurens Driessen

Posted

Your previous lawyer should turn in his bar card if you plead guilty to a felony with those facts. Yes schedule an appointment with a local criminal attorney they can look up your case and explain the process and if you are eligible for an expungment. Robert Driessen www.TheOCduiGuy.com

Asker

Posted

Robert thanks so much for the advise, one last ? what would be the chances of this case being reduce?

Robert Laurens Driessen

Robert Laurens Driessen

Posted

It will depend what charges you plead guilty to. Robert Driessen www.TheOCduiGuy.com

Asker

Posted

can this case be reopen? and if so what can happend?

Posted

It is unlikely that it is a felony charge to have sex with someone over the age of 16 who is little more than 36 months younger than you. It may well be a misdemeanor charge though. If you have been found guilty already, then your attorney should have explained the charges and possible defenses to you already. If you have not been found guilty, speak to the attorney representing you. If you dont yet have an attorney, speak to one immediately; most criminal defense attorneys will offer free initial consultations. If you cannot afford an attorney, one will be appointed to you by the court.

Dont make any more statements about what you have done online - they could later be used against you.

Mark as helpful

4 lawyers agree

4 comments

Asker

Posted

christopher unfortunatly i plead guilty, the case was 2000, but now im trying to reduce it to a misdeameanor in order to fix my migratory status, since the felony gets on the way

Christopher A Swaby

Christopher A Swaby

Posted

you need to speak to an attorney who can explain to you why it was that this was a felony case rather than a misdemeanor. it may be that your lawyer should have considered the implications of a felony conviction for a sex offense on your immigration status and told you about the possible consequences before you entered the guilty plea. you should try to find a criminal defense attorney who also practices immigration law. it may be that you can move the court to take back the plea if you werent properly advised about the immigration implications.

Asker

Posted

we contacted and immigration attorney he stated that having a felony in my record i have a 50 50 chance , now if im willing to taking the risk of filling now and get sent to juarez and getting denied for an approval on my status of just being stuck in mexico for an unknown period of time , but now im thinking in contacting my criminal lawyer to see what steps can be done ,

Christopher A Swaby

Christopher A Swaby

Posted

good luck

Posted

Yes, depending on how it was charged, statutory rape is a wobbler, meaning post-conviction you can ask to have it reduced to a misdemeanor and then dismissed (expunged). You need a VERY successful probation record, finish probation, and hopefully a clean criminal record otherwise. Depending on attorney busyness and quality it costs $500-$1500 plus the court fees (couple hundred).

Mark as helpful

1 lawyer agrees

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics