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

Asked almost 2 years ago - 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)

  1. Christopher A Swaby

    Contributor Level 13


    Lawyers agree

    Answered . 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.

  2. Robert Laurens Driessen

    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  3. Shawn B Collins

    Contributor Level 10


    Lawyer agrees

    Answered . 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).

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