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Dedicated Sex Offense Lawyer Providing Effective Legal Representation to Riverside Residents
Navigating the criminal justice system without strong legal representation can increase your risk of suffering severe punishment. Conviction for a sex offense, such as statutory rape, can lead to time in prison, substantial fines, and a permanent criminal record. At Law Office of Gregory H. Comings, APC, we will assess your case and offer highly-personalized and dedicated advocacy.
Effective statutory rape defenses can result in the dismissal or reduction of your criminal charges. For all crimes, including sex crimes, the prosecution is required to prove guilt beyond a reasonable doubt. Since every case is different, the facts dictate exactly what must be proven. For decades, Riverside Attorney Comings and the team at Law Office of Gregory H. Comings, APC have successfully defended people from criminal charges related to drug offenses, domestic violence, and more. Our goal is to safeguard your rights and protect your future.
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Heidi Solorio
Greg is one of the best every penny is worth it with him he is more than knowledgeable about charges and what he does. Mr. Comings does not take for an answer and will fight for your case and best outcome. He provides clear communication with you and what’s going on to reassure you for the best outcome and will provide that. My husbands bail was reduced because of Mr.Comings due to law enforcement placing false charges on his arrest .Furthermore hiring Mr.Comings was one of the best things I could have done for my family. Thank you so much! I highly recommend him!
Ceci Cortez
Greg represented me back in 2016-2019, and since day 1 he was fully committed to helping me. I TRULLY appreciate him. I’m finally now free and am very thankful for him every day.
Haroon Azizy
I am really grateful that I hired Greg as my lawyer for an unfortunate situation that unexpectedly occurred in my life, I needed help and Greg did an amazing job on my case! He was super helpful and always there to answer my questions. He really knew what he was doing, and thanks to him, i won! My case was dismissed! I highly recommend Greg Comings to anyone who needs a lawyer. Thank you Greg, I couldn’t have asked for a better lawyer.
Sex Offense
CASE OPENED:2014
CASE CLOSED:2017
Riverside Superior Court, Client charged with a violation of Penal Code section 261(a)(2) Rape by force/fear of bodily injury as well as Penal Code 264.1 Rape in concert with another person. Facing multiple years in prison as well as registration as a sex offender if convicted. After setting the case ready for trial worked out a deal for PC 245(a)(1), a grant of probation, no registration, credit for time served and client went home that night.
California Statutory Rape Law
California Penal Code section 261.5 makes clear it is a crime to commit unlawful sexual activity with a minor who is not your spouse. The age of consent in California is 18, which means that unless a person is 18 or older they cannot provide legal consent to sexual intercourse. If the person under 18 willingly participates in the act of sexual intercourse, it is still a crime. California does not maintain a “close in age exception,” as other states do.
As a wobbler crime, statutory rape may lead to either a felony or misdemeanor conviction. Felony convictions can result in more than a year in state prison, as well as fines and other penalties. If you are convicted of a misdemeanor you may face up to a year in county jail as well as fines.
The prosecution will look at specific factors such as the ages of the defendant and alleged victim to determine the penalty. In the case of a defendant aged 22 and a victim aged 16, the penalties may be more severe than a couple aged 19 and 17. If the defendant has a prior criminal record, this may affect the severity of their sentence. Additionally, the prosecution may consider the particular sexual act underlying the crime.
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contact us nowDefenses to Statutory Rape
A strong defense to statutory rape may help avoid the consequences of a criminal conviction. If a person has a good faith belief that the victim was 18 years old, or older, they will not be convicted of violating California Penal Code section 261.5. This belief must be honest and reasonable, and supported by evidence. For instance, supporting evidence may include the victim making a statement that they were over the age of 18, appeared over 18, and/or were present in an adult party or a venue for adults. If the defendant met the alleged victim in a bar, the court may deem it reasonable for the defendant to believe that they were over 18.
Consent is not a defense to statutory rape. The rationale is that people under the age of 18 are legally unable to give consent. Minors are considered too immature to be able to fully understand the legal consequences of their actions.
A possible defense may be that the alleged penetration did not occur. Since statutory rape requires sexual penetration, if this did not take place, a conviction cannot stand. It may be possible for a skilled attorney to assert this defense, dependent on the facts.
Discuss the Details of Your Statutory Rape Case with a Riverside Sex Offense Defense Attorney
Criminal charges for a sex crime such as statutory rape can have significant ramifications. Riverside Attorney Gregory Comings will conduct a thorough investigation and work with his skilled team to help make clear your side of the story. Call our office or fill out our online form to learn more. We proudly help people throughout the areas of Coachella, Palm Springs, Cathedral City, San Jacinto, and more.
LEGALLY REVIEWED BY
Gregory H. Comings
Attorney at Law
When I first decided I wanted a legal career, I knew that it would be in defending people accused of crimes. Growing up I witnessed so many injustices. People that were wrongly accused and people that although they had broken the law, the punishment they were facing seemed so severe in accordance to the crime. Defending the accused was where my talent would be. I knew this in my heart and soul.
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Gregory H. Comings
Attorney at Law
Mr. Comings represented my son. My son was facing 25 to life. Mr. Comings worked very hard on his case. He had a great rapport with the DA. He was able to get my sons case lowered to a few years. I was amazed at the dedication and professionalism he showed. I will never be able to thank him for all that he did!!! Great attorney!
JOHN SMITH
OCTOBER 29, 2024
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