No-Jail Resolution in a Serious California Sex-Crime Prosecution

Allegations of attempted rape or forcible sexual assault carry some of the harshest penalties under California law, including lengthy prison sentences, lifetime registration consequences, and permanent reputational damage.

In this case, Eisner Gorin LLP represented a young man suffering from an untreated mental health condition who was charged with multiple serious felony sex crimes, including attempted forcible sexual penetration and assault with intent to commit rape.

Despite the severity of the allegations, the defense achieved a negotiated resolution with no jail time, allowing the client to move forward with treatment and rebuild his life. Contact us at 818-781-1570 for a case evaluation.

Case Overview: Attempted Rape and Assault Charges

The client faced the following felony charges:

• Forcible sexual penetration – Penal Code § 289(a)(1)(A)

• Assault with intent to commit rape – Penal Code § 220(a)(1)

The case arose from a roadside incident following a minor traffic collision on the 101 freeway. After exiting the freeway to exchange information, an unexpected physical altercation occurred.

Key facts included:

• The incident stopped immediately when a third-party witness intervened

• The client complied with commands and waited calmly for the police

• The alleged victim described the client as “out of it”, possibly experiencing a mental-health episode

Despite these unusual facts and the client's lack of criminal history, prosecutors pursued the case aggressively.

STEP ONE: Review of Discovery and Preliminary Hearing

Eisner Gorin LLP was retained years into the prosecution, after prior counsel had already litigated the preliminary hearing.

Upon substitution, the defense team:

• Obtained and reviewed the complete case file

• Analyzed police reports, witness statements, and medical records

• Conducted a detailed review of the preliminary hearing transcript

This review revealed early evidentiary weaknesses, particularly regarding intent and the client's mental state at the time of the incident.

STEP TWO: Developing a Mental-Health-Centered Defense Strategy

Given the lack of prior criminal conduct and the bizarre, impulsive nature of the alleged behavior, the defense retained a forensic psychologist to evaluate the client.

The expert concluded:

• The client was suffering from a serious, untreated mental health condition

• His actions were symptomatic rather than predatory

• His mental impairment directly impacted intent and impulse control

Although mental health diversion under Penal Code § 1001.36 was unavailable due to the sexual nature of the charges, the evaluation became a cornerstone of mitigation and negotiation.

STEP THREE: Motion to Dismiss Under Penal Code § 995

Before trial or settlement, the defense filed a Penal Code § 995 motion challenging the magistrate's probable cause finding.

The defense argued:

• Insufficient evidence of penetration

• Insufficient proof of the specific intent to commit a sexual offense

• The client's impaired mental state undermined the charged conduct

While the court ultimately denied the motion under the low probable-cause standard, the litigation:

• Preserved critical defenses

• Narrowed trial issues

• Strengthened the defense's negotiating position

STEP FOUR: Negotiated Settlement With No Jail Time

Following extensive negotiations with the prosecutor and supervisory staff, the defense secured a no-jail disposition.

The outcome included:

• No incarceration

• Plea to a reduced offense

• Probation with sex-offender conditions

• Permission for the client to relocate and continue treatment

The client ultimately pled to:

• Sexual battery – Penal Code § 243.4(a)

Given the original exposure, this result avoided life-altering consequences.

Why This Case Matters

This result demonstrates that even in high-stakes attempted rape cases, outcomes are not predetermined. Effective defense requires:

• Early expert involvement

• Aggressive procedural litigation

• Strategic mitigation

• Skilled negotiation backed by trial readiness

Charged With Attempted Rape or a Sex Crime in California?

If you or a loved one is under investigation or charged with attempted rape, sexual assault, or related felonies, early legal intervention is critical.

Eisner Gorin LLP is a nationally recognized criminal defense firm handling complex felony and sex-crime cases throughout California.

📞 Call (818) 781-1570 for a confidential case evaluation.

Related Content:

• Penal Code 261 PC Rape
• The Crime of Rape in CA
• False Rape Allegations
• CA Sexual Assault Laws