Puyallup Rape Defense Attorney

A rape charge in Puyallup can lead to a lengthy prison sentence and mandatory sex offender registration. Many of these cases hinge on conflicting accounts of what happened between two people, and police often collect statements and evidence before the accused knows an investigation is underway. 

Our Puyallup criminal defense lawyer at The Law Offices of Mark S. Treyz aggressively defends people accused of rape in Puyallup, challenging the evidence at every stage. With prior experience as a Pierce County Deputy Prosecutor, Mark leverages his knowledge of how the state builds a sex offense case to identify its weak points and protect your rights. If you have been accused or contacted by police, call for a free, confidential case review before speaking with investigators.

The Law Offices of Mark S. Treyz: A Defense Firm with a Record of Results

• When you are facing a rape charge, waiting days for an update is unacceptable. At The Law Offices of Mark S. Treyz, you work directly with Mark from the first meeting through resolution.

• Police reports can omit details that completely change the picture, such as text messages, timelines, and witnesses who were never interviewed. Mark Treyz conducts his own investigation to uncover evidence the state overlooked or chose not to pursue.

• A serious felony defense requires time and resources, and the cost should not force you to settle for less. Our flexible payment plans allow you to retain experienced representation without paying everything up front.

How a Puyallup Rape Defense Lawyer Protects Your Rights After an Accusation

The state begins building its case the moment a rape accusation is made, often before you are aware of it. Detectives may request an interview, seek a warrant to access the contents of your phone, or ask you to provide a DNA sample. When you cooperate without legal counsel, you risk having innocent statements misinterpreted or used to support a version of events that never happened.

A Puyallup rape defense lawyer steps between you and the investigation. Mark handles all communication with detectives so you are never questioned alone. He reviews each warrant, searches for legal defects that could lead to suppression, and gathers evidence to corroborate your side of the story.

Understanding the Difference Between Rape in the First, Second, and Third Degree

Washington’s rape statutes are found in Chapter 9A.44 RCW. The degree charged depends on the level of force alleged and the condition of the person making the accusation:

• First-Degree Rape Requires an Aggravating Factor: Under RCW 9A.44.040, the state must prove forcible compulsion plus a deadly weapon, kidnapping, serious physical injury, or felonious entry into a building or vehicle. It is a Class A felony that carries a maximum sentence of life in prison.

• Second-Degree Rape Covers Force or Incapacity: RCW 9A.44.050 applies to forcible compulsion without an aggravating factor, as well as cases where the accuser was allegedly unable to consent because of intoxication, unconsciousness, or mental incapacity. It is also a Class A felony.

• Third-Degree Rape Is Based on Lack of Consent Alone: RCW 9A.44.060 applies when the state alleges the accuser did not consent but cannot prove forcible compulsion or incapacity. It is a Class C felony with a maximum sentence of five years.

Your Constitutional Rights During a Sex Crime Investigation in Puyallup

Regardless of the severity or degree of the charges you are facing, you are afforded the same protections under the U.S. Constitution:

• You have the right to remain silent under the Fifth Amendment, and police cannot use your silence against you at trial. 
• You have the right to an attorney under the Sixth Amendment, and once you invoke it, the police must stop questioning you until your lawyer is present. 
• The Fourth Amendment protects your home, vehicle, and electronic devices from searches without a valid warrant or your consent.

If you are arrested or questioned about a rape allegation, state clearly that you are invoking your right to remain silent and that you want an attorney. Then, say nothing further until your lawyer arrives.

Can Puyallup Rape Charges Be Reduced or Dismissed?

In certain cases, rape charges can be reduced or dismissed. However, the outcome depends on the evidence available to the prosecution and the defense. For example, a rape charge may be dismissed when the state cannot prove a required element of the offense. For example, the prosecution may be unable to establish forcible compulsion, the accuser’s account may lack any corroboration, or the court may suppress key evidence because it was obtained unlawfully.

When dismissal is not an option but the state’s case has weaknesses, your Puyallup rape defense lawyer can negotiate a reduction to a lesser offense that avoids sex offender registration or an indeterminate sentence. Prosecutors are more open to a reduced charge when the defense has exposed credibility problems, evidentiary gaps, or procedural errors that would make a conviction at trial uncertain. 

False Allegations, Mistaken Identity, and Other Defenses in Rape Cases

Several defenses may be available for rape charges in Puyallup, depending on the circumstances:

• Consent Was Given: When both parties agree that sexual contact occurred, the entire case comes down to whether that contact was consensual. Text messages, prior communications, and both people’s conduct before and after the encounter can support that consent was provided.

• The Accusation Is False: Accusations sometimes arise from custody disputes, relationship conflicts, or a desire to explain conduct to a partner or family member. Mark investigates the accuser’s motive and looks for inconsistencies between statements given to police, medical providers, and friends.

• You Were Misidentified: In cases that involve stranger rape, identification might rely on a suggestive lineup or a quick encounter in unfavorable conditions. Evidence like DNA tests, alibis, and cell phone location data can confirm you were not involved.

• Evidence Was Unlawfully Obtained: Statements taken after you asked for a lawyer or searches conducted without a valid warrant can be suppressed. Once that evidence is excluded, the state may have no case left to present.

Speak Confidentially with a Puyallup Rape Defense Lawyer

A rape accusation puts your freedom and future in the hands of a court system that is not on your side. The Law Offices of Mark S. Treyz is prepared to step in now, whether you have already been charged or are facing accusations. Mark Treyz has defended clients in Puyallup and throughout Pierce County for 30 years and understands what a strong defense requires. To speak with a Puyallup rape defense lawyer about your situation, schedule your free, confidential case review today.