She accused him of it but they were actually having a relationship on and off she is 17 he’s 19 first offense no criminal history ..how could this case be fought & how much time is he looking at & is there anyway he would be able to live with us , we have 2 boys together.
The most common criminal charge for the crime of Rape is found at California Penal Code Section 261(A)(2), which is also known as Forcible Rape. There are many variations of rape charges in California depending on the status of the victim (i.e. age, relationship to defendant, mental capacity of the victim, etc.). The crime of rape is a felony in California, and if convicted, the defendant may face up to 8 years in prison (11 years for victims over 14 and under 18, and 13 years for victims under 14).
Oral Copulation by Force under PC 288a(c)(2) – Oral copulation by force is a felony offense. If convicted, you face imprisonment in state prison for 3, 6 or 8 years and up to $10,000 in court fines.
It appears that he could spend a long time in prison if convicted. The ONLY way to fight this is to get with a criminal defense attorney or public defender, tell the entire story to them, and get their expert advice on possible defenses and litigating factors.
PC 289(a)(1)(C) Any person who commits an act of sexual penetration upon a minor who is 14 years of age or older, when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 6, 8, or 10 years.
PC 285 is classified as a felony. If found guilty of either having sexual intercourse with a related person, or marrying a related person, the defendant may face up to three years in prison.
PC 286(b)(1) Sodomy against a minor. May be filed as a misdemeanor or as a felony. Misdemeanor charges carry up to a one year jail sentence. Felony charges carry up to a three year prison sentence.
I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author and do not necessarily represent the opinions of those who hold other opinions.
So among other things he us charged with incest? Seriously? There is no way some stranger on the internet can predict how this will turn out. But I suspect it will be a significant prison sentence.
If he's convicted, I can't imagine a scenario that does not involve him going to prison for a long, long time.
This answer creates no attorney-client relationship. I am not your lawyer. This is NOT legal advice. It is a general discussion of legal principles. You should consult with an attorney.
These are VERY serious charges. He needs an attorney ASAP. He is looking at serious time.
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