Young Man Arrested for Rape and Digital Penetration Avoids Jail, Fines & Sex Offender Registration

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A client of Attorney Kerry Armstrong was arrested for rape and digital penetration in a San Diego sexual battery case. After a five-day trial and jury deliberations, he avoids jail, fines, community service, formal probation, and sex offender registration.

San Diego Criminal Defense Attorney

San Diego Criminal Defense Lawyer

Attorney Kerry L. Armstrong represented a young man in a sexual battery case (People v. Robert King Parker, Case No. M137870, San Diego, California, San Diego Superior Court). Armstrong’s client was initially arrested for rape and digital penetration; however, the District Attorney’s Office turned the case over to the City Attorney’s Office, which proceeded to charge the defendant with sexual battery.

According to court documents, the complaining witness testified the defendant had snuck into her unlocked apartment where she was allegedly laying drunk and asleep. She claimed to have woken up only to find the defendant on top of her body where he allegedly digitally penetrated her vaginally with his fingers, and forced oral and vaginal sex upon her against her will.

The complaining witness testified that she screamed and the client then ran out of her apartment. An hour after the incident, Armstrong’s client was found at his parents’ home approximately two miles away from the woman’s apartment. The DNA tests did reveal that the client had sexual intercourse with the alleged victim. During trial attorney Armstrong cross-examined the complaining witness, thereby revealing inconsistencies in her prior statements to law enforcement and prosecutors (San Diego Superior Court, Case No. M137870).

Armstrong’s client had suffered a brain injury as a child and chose not to take the stand due to his learning disabilities. This decision placed Armstrong in a difficult situation since it’s virtually impossible to win a sex crime case when the client doesn’t take the stand and explain his side of the story.

The trial took place over the course of five days, with three days of jury deliberations. The jury eventually hung 6-6, with half of the jury believing the complaining witness and half of the jury not believing her. Within two days, attorney Armstrong was able to work out a highly favorable plea bargain on behalf of his client. His client pleaded guilty to simple battery. He did not receive any jail time, public work service, nor did he have to pay any fines, he didn’t get formal probation, and he most importantly, did not have to register as a sex offender. The final plea bargain was essentially the same as the one Mr. Armstrong had initially offered the prosecutor before the trial took place; however, at that point in time the prosecution firmly rejected the offer.

Reference: People v. Robert King Parker (Case # M137870)
San Diego Superior Court (downtown branch), San Diego, California.

The above case was another one of Kerry Armstrong’s successful case results, and the results of the case prove that having the right attorney defend you in a sex crime case can have a major impact on the outcome of the criminal proceedings. Kerry L. Armstrong practices criminal defense in San Diego, California at The Law Offices of Kerry L. Armstrong, APLC. Attorney Armstrong handles virtually all types of misdemeanor and felony crimes at the state and federal level. These include DUI, sex crimes, drug crimes, fraud, and serious violent crimes. His cases have been featured on CNN, MSNBC, Court TV, NBC Nightly News, Nancy Grace, and in the San Diego Union-Tribune. He has served as a legal analyst for local TV stations and he has lectured several times for Thomas Jefferson School of Law on legal writing and ethics. To contact attorney Armstrong regarding your criminal case, please call (619) 268-4682 or go online at

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