Call Our Experienced Sex Crime Lawyer: (800) 483-0992
If you’re facing rape charges, your reputation, freedom, and future are all in serious jeopardy. At Maas and Russo, you’ll find trial-tested defenders ready to fight for your name and your rights. We represent clients throughout Solano County and Napa County, and we offer a free case evaluation so you can discuss your charges and start building a defense today. The earlier you act after an accusation or arrest, the better positioned we are to shape the outcome of your case.
Contact us now at (800) 483-0992 to speak with a rape defense lawyer in Fairfield at no cost to you.
Why Choose Maas and Russo for Rape Defense?
Rape charges carry consequences that follow a person for life. The representation you secure from day one matters. Here’s what sets us apart:
Recognized credentials: Attorney Thomas Maas has been selected for the Super Lawyers® Rising Stars™ list, an honor awarded to no more than 2.5% of attorneys in California.
Documented results: Our firm has a record of acquittals and dismissals across criminal cases. Past results don’t guarantee future outcomes, but they reflect our commitment to aggressive, thorough defense.
National profile: Maas and Russo was featured in the Netflix documentary series American Nightmare, reflecting the firm’s experience handling high-stakes criminal matters.
Professional memberships: We are members of the California Attorneys for Criminal Justice, the California Public Defenders Association, and the National Association of Criminal Defense Lawyers.
Trial-ready representation: Clients receive committed defense at every stage, from the investigative phase through trial.
Rape Charges Under California Law
Rape is one of the most serious sex crime allegations a person can face in California. Defined under California Penal Code 261, rape is non-consensual sexual intercourse and is classified as a felony. A conviction can mean 3, 6, or 8 years in state prison, plus mandatory sex offender registration that may be required for life.
Sexual intercourse is classified as rape under the following circumstances:
The victim is unable to consent because he or she is unconscious or asleep
The victim is highly intoxicated and/or unaware of what is going on
The victim says no or acts in a manner that shows he or she does not consent
The perpetrator physically forces sexual intercourse upon the victim
The perpetrator threatens the victim with violence or with a weapon
The victim is unable to consent because of a mental or physical disability
The victim is unable to resist because of physical restraints
For the act to be classified as rape, the perpetrator must have known or reasonably should have known of the victim’s condition. A rape victim may be a stranger, a friend or acquaintance (date rape), or even a spouse. Sexual intercourse between an adult and a minor under 18 may be classified as statutory rape.
Discuss Your Case with Our Firm for Free
Are you or someone you know facing a rape accusation? Attorney Thomas Maas can help. Don’t wait to get counsel involved. Acting quickly puts a proven defender in your corner from the start and can give us the opportunity to protect your rights and your future.
Contact Thomas Maas today to discuss your case with our Fairfield criminal defense attorney at no cost to you.
Defense Strategies for Rape Charges in California
Being charged is not the same as being convicted. California law places the burden of proof on the prosecution, which must establish guilt beyond a reasonable doubt. Our role is to identify the strategy that best fits the facts of your case.
Consent
Consent is a recognized defense when evidence supports that the sexual act was mutually agreed upon. If the prosecution can’t establish that intercourse was non-consensual, the charge may not stand. We examine communications, witness accounts, and the circumstances surrounding the encounter to build a consent-based defense where the facts support it.
False Accusations
False rape accusations do occur. They may stem from personal disputes, jealousy, or mistaken identity. When inconsistencies exist in the accuser’s account, we work to expose them through thorough investigation, cross-examination strategy, and review of prior communications or conflicting statements.
Insufficient or Unreliable Evidence
Physical evidence, witness credibility, and the chain of custody for forensic materials can all be challenged. When the prosecution’s case rests on weak or contradictory evidence, we file pretrial motions to exclude it and hold the state to its burden at every stage.
Early Intervention in Solano County Courts
Rape cases in Fairfield move through Solano County Superior Court, progressing from arraignment through preliminary hearing, pretrial motions, and potentially a jury trial. Retaining a defense attorney early gives us the opportunity to preserve evidence, identify witnesses, and challenge the prosecution’s theory before charges are finalized. Investigative-stage intervention may, in some cases, prevent formal charges from being filed.
Consequences of a Rape Conviction in California
The penalties for rape in California extend far beyond prison time. Understanding what a conviction means is part of making informed decisions about your defense.
Prison Sentence
Rape is a felony under California law, carrying a base sentencing range of 3, 6, or 8 years in state prison. Aggravating circumstances, including the victim’s age, the use of a weapon, or a prior criminal record, can push that sentence significantly higher.
Sex Offender Registration
A rape conviction triggers mandatory sex offender registration. Under California’s tiered system, registration may be required for life depending on the offense tier. Because sex offender registration is a public record, it carries lasting effects on housing, employment, and standing in the community.
Three Strikes Exposure
For individuals with a prior serious or violent felony conviction, a rape conviction may trigger California’s Three Strikes sentencing enhancements, dramatically increasing the potential sentence. For anyone with a prior record, the stakes of a rape charge are even higher.
Collateral Consequences
Beyond prison and registration, a conviction touches nearly every aspect of life. Parole and probation conditions typically involve strict supervision and ongoing compliance requirements. Professional licenses, immigration status, and custody rights may also be at risk. These consequences are why a strong defense, started as early as possible, matters so much.
“I had never been in this type of trouble in my entire life and was very scared for what the future may hold. I don’t know where I would be now, nor do I know how much money this event would have cost me. My sincerest appreciation to Thomas Maas!”