Statutory Rape Attorney in Rancho Cucamonga

25+ Years Defending PC 261.5 Charges in San Bernardino County

A charge under California Penal Code 261.5 moves fast. Law enforcement may contact you before formal charges are filed, and anything you say during that window can shape the entire case. The Law Offices of Kirk Tarman & Associates has been defending clients against sex crime charges throughout Rancho Cucamonga and San Bernardino County for over 25 years, with Kirk Tarman personally overseeing every case from the first call through final resolution.

The firm is available 24 hours a day, seven days a week, for a confidential consultation. Spanish-language representation is available. Hablamos Español.

Don’t speak to investigators without an attorney present. Call The Law Offices of Kirk Tarman & Associates now at (909) 658-7341 for a confidential consultation, available any time of day or night.

What California Law Defines as Statutory Rape

California Penal Code 261.5 defines the offense formally as unlawful sexual intercourse with a minor. The prosecution must prove three elements: the defendant had sexual intercourse with another person, the parties were not married at the time, and the other person was under 18 years of age. California’s age of consent is 18, and a person under that age cannot legally consent to sexual intercourse regardless of apparent willingness or who initiated contact.

Consent is not a defense to a PC 261.5 charge. The minor’s willing participation does not eliminate criminal liability. In court, the charge is called unlawful sexual intercourse with a minor. The term “statutory rape” remains in common use, but it does not appear in the statute itself.

Penalties Under PC 261.5: What You’re Facing

The severity of potential penalties depends on the age gap between the parties. The statute creates distinct tiers, and a wobbler offense applies in the more serious categories, meaning the San Bernardino County District Attorney can charge it as either a misdemeanor or a felony.

• Three years or fewer age difference: Misdemeanor only, up to one year in county jail and a fine up to $1,000.
• More than three years older: Wobbler offense, charged as a misdemeanor (up to one year) or a felony (16 months, two years, or three years).
• Defendant 21 or older, minor under 16: Wobbler with an elevated felony range of two, three, or four years.

Civil fines run separately from criminal penalties: up to $2,000 if the minor is less than two years younger; up to $5,000 for at least two years; up to $10,000 for at least three years; and up to $25,000 when the defendant was 21 or older and the minor was under 16. Sentences under PC 261.5 are served in county jail, and good behavior credit can reduce actual time served.

Sex offender registration: PC 261.5 is not a mandatory registration offense under Penal Code 290. Registration is discretionary, imposed only if the sentencing judge finds the offense was sexually motivated under PC 290.006. If imposed, it carries long-term consequences affecting where a person can live, work, and travel, and the record may appear publicly on the California Megan’s Law website. A conviction can also trigger license suspension or revocation for those working in teaching, health care, or other fields involving minors.

Defense Strategies in a California Statutory Rape Case

Kirk Tarman personally investigates each case, interviewing key witnesses, reviewing police reports, and examining digital communications and phone records to identify weaknesses in the prosecution’s timeline. Several defenses may apply depending on the specific facts.

• Reasonable mistake of age: If the defendant genuinely and reasonably believed the other person was 18 or older based on available evidence, California law recognizes this as a potential defense. Evidence that the minor misrepresented their age can support this argument and may influence how the San Bernardino County District Attorney approaches charges or plea negotiations.
• Lack of penetration: The prosecution must prove actual sexual intercourse. Challenging that element directly challenges the charge itself.
• Statute of limitations: For misdemeanor charges, the prosecution generally has one year from the alleged offense to file. For felony charges, which apply in the more serious PC 261.5 categories, the limitations period is three years.
• Pre-filing intervention: Before formal charges are filed, an attorney may be able to communicate with law enforcement or the District Attorney’s office to influence whether charges are filed and in what form. This window closes once a charging decision is made.
• Felony reclassification: Because more serious PC 261.5 charges are wobbler offenses, a defense attorney may petition to have a filed felony reclassified as a misdemeanor, even over the prosecutor’s objection, depending on the facts and criminal history.

How a PC 261.5 Case Moves Through the Rancho Cucamonga Courts

Statutory rape investigations in the Rancho Cucamonga area typically begin with local law enforcement before the matter is referred to the San Bernardino County District Attorney’s Office for a charging decision. Kirk Tarman has over 25 years of experience in San Bernardino County courts, including direct familiarity with the Rancho Cucamonga Courthouse, its procedures, and the prosecutors who handle these cases.

After an arrest or notice to appear, the first court date is an arraignment, where charges are formally read and a plea is entered. Bail conditions, no-contact orders, and travel restrictions may also be set at this stage. Felony cases may proceed to a preliminary hearing, where a judge evaluates whether sufficient evidence exists to hold the matter for trial. That hearing is a meaningful opportunity to test the prosecution’s evidence through cross-examination. Consulting an attorney before voluntarily speaking with police or appearing at any hearing can affect how the case develops from the earliest stages.

Why Rancho Cucamonga Clients Choose The Law Offices of Kirk Tarman & Associates

Our practice is 100% dedicated to criminal defense. Kirk Tarman personally handles every statutory rape case, making decisions collaboratively with the client at each stage. One client put it plainly: “Kirk knows everyone in that courthouse and has for over two decades.” That kind of local presence matters in a county where courtroom credibility is built over years, not months.

The Law Offices of Kirk Tarman & Associates has been named to the Top 100 Criminal Defense Attorneys (2026), recognized by Three Best Rated as a top criminal defense attorney in Rancho Cucamonga (2026), and named among the 2026 Best Criminal Defense Lawyers in Rancho Cucamonga by Expertise.com. Flexible payment plans and flat-fee structures with no hidden fees are available, and Spanish-language service is offered for clients who prefer to communicate in Spanish.

Get a Confidential Consultation Today

Reaching out to a statutory rape attorney in Rancho Cucamonga before charges are formally filed can create options that may not exist once the prosecution has committed to a charging theory. The earlier our team is involved, the more room there is to work.

The Law Offices of Kirk Tarman & Associates is available 24/7. Consultations are confidential, with no obligation to retain after speaking with us. Call (909) 658-7341 or use our online contact form to reach a statutory rape attorney serving Rancho Cucamonga and San Bernardino County.