Rape Defense Attorney in Fresno

Nearly Three Decades of Trial Experience Defending Rape Charges in Fresno County

A rape charge in California is among the most consequential criminal accusations a person can face. Beyond the prison sentence, a conviction under California Penal Code §261 triggers mandatory lifetime sex offender registration, fundamentally altering where you can live, where you can work, and how you move through the world. If you or someone you know is facing a rape charge in Fresno or the surrounding area, including Clovis, the time to act is now, even before formal charges are filed.

At Schweitzer & Davidian, we defend clients against rape and serious sex crime charges in Fresno County. Our founding attorneys, Eric Schweitzer and Annie Davidian, bring nearly three decades of combined trial experience defending clients against powerful prosecutors at both the state and federal level. We’ve earned documented not-guilty verdicts in serious felony cases, and we accept only cases where we see a genuine path to a favorable outcome, so every client we take on receives our full attention. Other law firms refer cases to us, which reflects how we’re regarded in the Fresno legal community.

If you’re facing rape charges in Fresno, don’t wait to get legal counsel. Call our rape defense lawyers today at (559) 206-2322 or contact us online.

What Is Rape Under California Law?

California Penal Code §261 defines rape as nonconsensual sexual intercourse accomplished by force, threats, fraud, or when the other person is legally unable to consent. The statute covers a range of specific circumstances, and prosecutors often charge multiple violations at once.

Sexual intercourse is illegal under §261 when:

• The other person is unconscious or asleep and incapable of giving consent
• The other person is mentally disabled or medically incapacitated
• The other person is too intoxicated to be capable of giving consent
• Consent is obtained through force, duress, menace, or fear of immediate bodily injury
• The other person initially consented but withdrew that consent before or during the act

Related charges are frequently filed alongside or instead of §261 allegations. These include spousal rape, oral copulation by force under Penal Code §287, forcible penetration with a foreign object under Penal Code §289, and statutory rape under Penal Code §261.5. Understanding exactly what the prosecution has charged, and why, is a critical first step in building a defense.

Penalties for a Rape Conviction in California

Rape is always charged as a felony in California. The base sentence under §261 is three, six, or eight years in state prison. Those terms increase significantly based on the victim’s age: seven, nine, or eleven years if the victim is under 18, and nine, eleven, or thirteen years if the victim is under 14.

Sentencing Enhancements

Enhancements can push the term well beyond the base range. A great bodily injury finding adds three to five years. Use of a firearm can add ten, twenty, or twenty-five years to life. Fines of up to $10,000 may also be imposed.

Sex Offender Registration & Collateral Consequences

A conviction requires lifetime registration as a sex offender under California’s sex offender registration framework. Registration must be renewed annually within five working days of your birthday and updated within five working days any time you change your address. Failing to register is itself a separate felony offense. Registrants also face restrictions on where they may live, significant barriers to employment, and potential loss of professional licenses.

How We Defend Rape Charges in Fresno County

The prosecution must prove every element of a rape charge beyond a reasonable doubt. Our job is to find where that case is weak and put that weakness squarely in front of a jury. Eric Schweitzer and Annie Davidian are recognized for their litigation skills and their willingness to take a case to trial when that’s what the situation demands.

Depending on the facts, defense strategies in California rape cases may include:

• Consent: Demonstrating that the alleged victim consented to the intercourse and didn’t withdraw that consent
• False accusations: Presenting evidence that the accusation is fabricated or motivated by personal, financial, or other factors
• Mistaken identity: Showing that the accused was not the person who committed the alleged act
• Evidentiary challenges: Challenging how evidence was collected, stored, or introduced, including DNA and forensic evidence
• Police misconduct: Identifying constitutional violations during the investigation or arrest that render evidence inadmissible
• Charge distinction: Challenging whether the alleged conduct meets the statutory definition of rape under §261 or constitutes a lesser charge

We scrutinize the evidence for inconsistencies and procedural errors, examine the credibility of the accuser, and investigate potential motives for false accusations. Throughout the process, we keep you informed at every stage and involve you in every significant decision. You can review our case results to see documented outcomes from our criminal defense work.

Contact a Fresno Rape Defense Lawyer Today

If you’re facing rape charges in Fresno County, including Clovis, the decisions made in the earliest stages of your case can have lasting consequences. At Schweitzer & Davidian, we take on a limited number of cases because we only accept matters where we believe we can make a real difference.

Call our rape defense attorneys in Fresno at (559) 206-2322 or contact us online to discuss your situation.