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Rape Attorney in Los Angeles

Protecting Your Rights & Future in Los Angeles

At Stein & Markus, we stand beside individuals accused of rape in Los Angeles, providing incisive, strategic defense to safeguard your rights. Our team, with over 75 years of combined legal experience, includes a former Los Angeles criminal prosecutor who brings a nuanced perspective to every case. 

We work to minimize the consequences of criminal charges and strive to achieve the best outcomes for our clients by challenging every facet of the prosecution's case.

When you face a serious charge like rape, you need legal representation that understands the complexities of California law. Rape laws in California impose strict penalties, which can include long-term imprisonment, significant fines, and mandatory sex offender registration

Having a legal team that understands what you’re facing and acts proactively is indispensable for your future. Our approach includes scrutinizing evidence, speaking with witnesses, and consulting forensic experts to build a defense specifically tailored to your case.

Secure a defense team that fights the strike and mandatory registration. Call your Los Angeles rape defense lawyer at (562) 512-7030 or connect with us online today for a free consultation and bilingual attention.

Understanding California Rape Laws

California Penal Code § 261 defines rape as non-consensual sexual intercourse accomplished under specific circumstances. The core legal concept is the lack of consent, which can be violated through various means:

Rape in the First Degree (PC § 261)

Rape is prosecuted as a felony when the sexual intercourse is achieved:

  • By Force, Violence, Duress, or Fear: Using physical force to overcome resistance, or threatening future retaliation, bodily harm, or deportation (if the accused claims to be a public official).
  • Through Incapacitation: The victim is prevented from resisting because of an intoxicating substance (drugs or alcohol), a mental disorder, or because they are unconscious or asleep.
  • By Fraud: The accused uses a fraudulent representation (e.g., posing as a medical professional for a "professional purpose") to gain non-consensual sexual intercourse.

Local Los Angeles County courts, including specialized units within the District Attorney’s office, treat these cases with heightened scrutiny. Prosecutors often act quickly to file charges, especially when physical evidence or witness statements exist. Understanding the legal definitions and the context for each case makes a vital impact on outcomes. 

The penalties for a conviction can include years of incarceration and lifetime requirements to register as a sex offender. Defending against these charges requires rigorous attention to the statutory requirements and to every action taken by investigators, from the first questioning to forensic analysis.

Consequences of a Felony Conviction

A conviction for any degree of rape carries devastating, legally mandated consequences:

  • Mandatory Sex Offender Registration: All convictions require lifelong registration under Penal Code § 290. This public registry severely restricts housing, employment, and movement.
  • Strike Offense: Rape is classified as a violent felony and a "strike" under the Three Strikes Law. A second strike doubles any future felony sentence, and a third strike mandates a minimum 25-year-to-life prison sentence.
  • Loss of Rights: You permanently lose the right to own firearms and can face professional license revocation.
  • Immigration Consequences: This is an Aggravated Felony and a Crime Involving Moral Turpitude (CIMT), leading to mandatory detention and deportation for all non-citizens.

Our Proven Process for Rape Defense

Our approach gives you clarity and confidence at every stage. From your initial consultation, we begin gathering facts and constructing your defense narrative:

  • Initial Consultation: Discuss your case details and receive a preliminary assessment.
  • Evidence Review: Conduct a thorough evaluation of all evidence, including witness interviews and expert consultations.
  • Strategic Planning: Develop comprehensive defense strategies tailored to your situation.
  • Pre-Trial Motions: Seek to exclude inadmissible evidence and pursue favorable outcomes before trial.
  • Trial Representation: Defend your rights through skilled advocacy in the courtroom.

Our commitment to your case does not end at the courtroom door. We prepare you for every scenario, from understanding courtroom dynamics in the Los Angeles Superior Court to recognizing potential jury biases. In a diverse city like Los Angeles, understanding local norms and culture is critical in selecting a jury and presenting your case. 

We ensure you are fully briefed on trial procedures, potential outcomes, and the implications of each legal strategy, helping demystify the judicial process and empowering you to make informed decisions.

Call a trusted rape attorney in Los Angeles immediately. We are former prosecutors who offer free consultations and 24/7 availability. Contact Stein & Markus at (562) 512-7030 or reach out online.

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Common Defenses & Legal Strategies in Los Angeles Rape Cases

My team specializes in defending sex crime cases by immediately targeting the key elements the prosecution struggles to prove: consent, knowledge of incapacitation, and scientific evidence.

  • Challenging Consent/Mistake of Fact: In many date-rape or acquaintance rape cases, the defense hinges on consent. We argue that the accused had an honest and reasonable belief that actual words or conduct indicated consent, or that the actions did not meet the legal definition of force or fear.
  • Attacking Incapacitation Evidence: Cases involving intoxication or unconsciousness are complex. We immediately engage forensic toxicologists to challenge the State's blood or breath analysis, and we use witness and video evidence to dispute the allegation that the victim was physically helpless or unconscious at the time of the alleged act.
  • Forensic and DNA Challenge: We do not accept police lab results as definitive. We work with defense-oriented DNA experts to scrutinize the testing protocols, chain of custody, and the interpretation of the biological evidence (including the possibility of consensual DNA transfer).
  • Challenging Identity and False Accusation: We investigate motives for false accusations (e.g., revenge, custody battles, remorse after consensual sex) and challenge flawed police identification procedures.

Navigating the Criminal Process in Los Angeles

The process for handling a rape charge in Los Angeles begins when law enforcement initiates an arrest or opens an investigation. After booking, the prosecutor from the Los Angeles District Attorney’s office decides whether to file formal felony charges. Arraignment typically takes place at a Los Angeles Superior Court facility, such as the Clara Shortridge Foltz Criminal Justice Center in downtown. At this stage, the accused will hear the charges and have a chance to enter a plea.

Next, both sides conduct discovery, exchanging evidence and information. Pre-trial hearings address motions—such as whether critical evidence will be allowed in court. Trial dates can move quickly or extend over months, depending on the court's calendar and the evidence in question. Throughout, Los Angeles judges enforce strict procedural rules. Having legal guidance from a team experienced in local practice makes a difference when anticipating deadlines, presenting arguments to judges, and addressing objections from prosecutors.

Our attorneys work closely with clients so they know what to expect at every step. We address common questions, such as what happens during bail hearings, whether media outlets may cover high-profile allegations, and how to manage interactions with law enforcement or probation officers. Each client meets with us regularly to review next steps, prepare for court appearances, and discuss strategic decisions in language they understand. By providing practical guidance rooted in Los Angeles court procedures, we empower our clients to make informed choices throughout the process.

Comprehensive Rape Defense Services in Los Angeles

We understand the gravity and stress of dealing with a rape charge. Our legal team provides comprehensive support from arrest through all stages of court proceedings. The stakes are high in rape cases, involving the risk of long-term imprisonment and enduring social stigma. We craft strategies unique to each client’s circumstances, ensuring a thorough examination of all evidence and testimony.

Given the seriousness of these charges, our defense tactics include challenging witness credibility and examining law enforcement procedures during arrest. Los Angeles police protocols must be followed exactly, and any deviation may undermine the prosecution’s case. Our attorneys identify these inconsistencies and use them to our clients’ advantage. We also offer open communication, keeping you informed and secure throughout the legal process.

Why Choose Stein & Markus for Your Defense?

  • Prosecutorial Insight: With a former prosecutor on our team, we offer an insider’s perspective on prosecution strategies, enhancing the effectiveness of your defense.
  • Extensive Legal Experience: We handle both state and federal cases, bringing over 75 years of informed legal guidance to your side.
  • Client-Centric Approach: We treat our clients like family, delivering professional, compassionate guidance and making ourselves available 24/7.

Our experience enables us to anticipate the tactics of Los Angeles County prosecutors, giving our clients an advantage at every stage. We keep close ties with the local legal community, frequently appearing in the same courts and keeping up-to-date with the latest changes to procedures and legislation affecting criminal defense. 

Because we handle both high-profile and complex cases throughout the region, we are well-equipped to address challenges unique to Los Angeles and its surrounding communities. We are committed to communication and transparency from start to finish, so you feel supported and informed throughout the legal process.

Contact Us for Dedicated Rape Defense in Los Angeles

Facing a rape accusation can be an overwhelming experience, but you do not have to face it alone. Our track record demonstrates a commitment to seeking favorable results, and our combined experience gives us a strong foundation for challenging the charges you face. Reach out today for a consultation at no upfront cost—your defense starts with Stein & Markus.

Contact Stein & Markus at (562) 512-7030 to receive support from a team committed to defending your rights. Each case we handle involves more than legal representation; we focus on securing your future, reducing your stress, and guiding you through the legal process with empathy and skill.

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Why Choose Stein & Markus?

What Makes Us Different
  • We Provide Free Consultations
    Talk through all of your legal options during a free consultation.
  • Work with a Former Prosecutor
    Our prosecutor turned defense attorney is ready to protect you!
  • Hablamos Español
    Work with a criminal defense attorney who speaks your language.
  • 24/7 Help Available
    Whenever you need our lawyers, we're here to help you.
Our Satisfied Clients Read What They Say About Us

"Amazing work, I wouldn’t trust anyone else."

- Suzi S.