California Penal Code 261

Are you facing California rape charges? Those convicted of violating penal code 261 will have a felony on their criminal record, which can affect your job as well as other financial opportunities. Too often, a person is charged with rape as a result of false allegations or mistaken identity. Those planning to fight their charges will need assistance from experienced attorneys with a history of success representing clients charged with sex crimes.


At MacGregor & Collins, LLP, our sex crime lawyers have decades of experience helping Southern California defendants obtain case dismissals and have their charges dropped. A top-notch attorney will be able to use the evidence against you in your favor, and will help you to better understand the charges brought against you. Call us today to obtain a free case evaluation from a MacGregor & Collins, LLP attorney.


PC 261 Defined


Anyone who knowingly has intercourse with someone else without their consent and does so through force, fraud or threat,  can be found guilty of violating California Penal Code 261.


In order to prosecute for CPC 261 Rape charges, the state’s prosecutors must be prepared to provide substantial evidence that you:


  • had sexual intercourse with someone else without their consent
  • did so by means of force, fraud, menace or threat


Penalties for Violating CVC 261


Rape is a felony offense punishable by:


  • Three, six or eight years in the California State Prison
  • A fine of no more than $10,000
  • A formal probation


It should be noted that there are other types of rape such as statutory rape, date rape, spousal rape or oral copulation, all of which have different penal codes, penalties and fines.


Defendants may be required to register as a sex offender. They may also be subjected the Three Strikes Law of California. In addition, if the victim was affected by great bodily injury, fines and prison time may be increased.


If you are facing Rape charges for Penal Code 261, speaking with one of our rape defense attorneys can help.When your life is on the line, you will want the best private detectives and forensic specialists, as well as the best sex crime defense lawyers available to build a case on your behalf. Call us today at (888) 250-2865 to find out why MacGregor & Collins, LLP is trusted throughout Southern California.

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