Criminal Attorney Defense Donte Wyatt ESQ

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Statutory Rape

Donte T Wyatt Criminal Attorney - 

  • A good criminal attorney can make a huge difference in your Statutory Rape / Stat Rape case 

Statutory Rape

Under California Law it is unlawful to have consensual sex or sexual contact with a person that is under the age of eighteen (18), unless the parties are married. Now statutory rape can be charged as a misdemeanor or as a felony. If there is an age gap of less than three years than the adult can be charged with a misdemeanor. Now if the age difference is greater than three years the prosecuting attorney has the option to file charges as either a misdemeanor or a felony. If the prosecuting attorney files the charges as a felony a San Diego Superior Court can reduce the charge to a misdemeanor on the motion of a criminal defense attorney. If the person charged is over twenty-one (21) years of age and the sexual partner is less than sixteen (16) years of age there are heightened punishment if the charges are filed as a felony.

statutory rape, stat rape

If you or a loved one is charged with or being accused of statutory rape it is important that you contact an experienced San Diego criminal defense attorney as soon as possible. An experienced criminal defense attorney will first insure that your rights are protected during the pre-charging investigation. Many cases are lost during the investigation because the person being accused was not advised as to how to protect themselves during the investigation. An experienced criminal defense attorney can explain to you what type of investigative tools and strategies will be used against you and help you avoid unnecessarily placing yourself in a compromised position. In addition, once the case if referred to the prosecutor and experienced criminal defense attorney will help you negotiate and or defend against the allegations.

Attorney Donte T. Wyatt is very experienced handling sensitive cases of this nature. As a ten year veteran of the San Diego District Attorney’s Office and as a San Diego Criminal Defense Attorney, Mr. Wyatt has handled statutory rape cases ranging from misdemeanor to felony. As a Former prosecuting attorney he knows how these cases are investigated and the techniques used by law enforcement and prosecuting attorneys to try to build a case against you. If you hire Criminal Defense Attorney Donte T. Wyatt your rights will be protected throughout the investigation (and possible prosecution). Attorney Donte T. Wyatt will work diligently to insure you have the best possible result if you are accused of statutory rape.
Penal Code section 261.5

(a)Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age.

(b)Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.


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 Donte T Wyatt ESQ


1010 Second Ave
Ste # 1020
San Diego, CA, 92101



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