California Penal Code § 222 PC – Administering Drugs to Commit a Felony
Being arrested for administering drugs to commit a felony under California Penal Code 222 is a serious matter. In Los Angeles County, prosecutors treat these cases aggressively because they involve allegations of using a substance to impair someone in order to carry out another crime. PC 222 applies whether the substance is illegal, a prescription medication, or alcohol — what matters is the alleged intent to commit a felony after giving it to someone without their consent.
A conviction can mean a felony record, years in state prison, and severe personal and professional consequences. These cases are often filed alongside other major charges, such as sexual assault, robbery, or kidnapping, which can increase penalties significantly. Early legal representation is critical to protecting your rights and building a strong defense.
What Does California Penal Code § 222 PC Mean?
Under California Penal Code 222 PC, it is a felony to give, administer, or cause another person to consume any drug, intoxicant, or controlled substance without their knowledge or consent, if you do so with the intent to commit a felony.
“Every person who, with intent thereby to enable or assist himself or herself or any other person to commit a felony, administers to or causes to be taken by another any chloroform, ether, laudanum, or any controlled substance, intoxicating liquor, or anesthetic, or any combination thereof, is guilty of a felony.”
In simple terms, PC 222 criminalizes using drugs, alcohol, or other intoxicants to impair someone in order to make it easier to commit another serious crime. It is not necessary for the planned felony to actually occur — prosecutors only need to prove that the substance was given and that the intent to commit a felony existed at the time.
What Must Be Proven for a PC 222 Conviction?
To convict someone of administering drugs to commit a felony, the prosecution must prove each of the following elements beyond a reasonable doubt:
1. Administration of a substance
The accused must have given, administered, or caused another person to consume a drug, intoxicant, or controlled substance. This can include illegal drugs, prescription medications, alcohol, or any other intoxicating agent.
2. Lack of consent
The other person must not have known about or agreed to take the substance. Any use of deception, concealment, or trickery in delivering the drug can meet this requirement.
3. Felony intent
The prosecution must show that the accused acted with the intent to commit a felony after administering the substance. Importantly, the intended felony does not have to be completed — prosecutors only need to prove that the intent existed at the time.
Because intent is rarely proven with direct evidence, prosecutors often rely on circumstantial proof such as text messages, witness statements, surveillance video, or prior alleged behavior. An experienced defense attorney can often challenge these assumptions, expose alternative explanations, and undermine the credibility of the prosecution’s narrative.
If even one of these elements cannot be proven, a PC 222 conviction cannot legally stand.
Real-World Examples of PC 222 Cases
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Slipping a sedative into someone’s drink to commit theft – placing a drug in a person’s beverage to make them unconscious so valuables can be stolen.
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Giving someone an illegal drug without their knowledge to commit a sexual assault – administering a controlled substance to impair judgment and resistance.
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Drugging a victim to facilitate a kidnapping – using a chemical substance to make it easier to transport or confine a person against their will.
What Are the Penalties for Administering Drugs to Commit a Felony?
This offense is classified as a felony in California, and a conviction can lead to years in state prison along with life-changing collateral consequences.
Criminal penalties can include:
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2, 4, or 5 years in state prison
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Felony probation in limited cases, usually with strict conditions
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Substantial fines determined by the court
Collateral consequences can include:
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A permanent felony record visible on background checks
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Loss or suspension of professional licenses
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Immigration consequences for non-citizens, including deportation or inadmissibility
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Damage to personal and professional reputation
If the intended felony is classified as a violent crime — such as sexual assault or kidnapping — sentencing enhancements can apply, potentially increasing prison time significantly.
Common Related Charges
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[PC 245 – Assault with a Deadly Weapon]
Prohibits assaulting another person with a firearm, knife, or any object capable of causing great bodily injury. -
[PC 261 – Rape]
Involves engaging in non-consensual sexual intercourse with another person, often alleged in cases where drugs were used to impair the victim. -
[PC 207 – Kidnapping]
Makes it a felony to move another person a substantial distance without their consent by force or fear. -
[HS 11350 – Possession of Controlled Substances]
Criminalizes the unlawful possession of certain illegal drugs without a valid prescription.
How Can You Defend Against a PC 222 Charge in California?
In Los Angeles County, being accused of administering drugs to commit a felony does not automatically mean a conviction is inevitable. An experienced criminal defense attorney can examine the evidence, challenge the prosecution’s case, and present defenses such as:
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No intent to commit a felony – The prosecution must prove you acted with the specific intent to commit a felony after administering the substance. If that intent is missing, the charge cannot stand.
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Consent was given – If the alleged victim knowingly and voluntarily consumed the substance, it undermines the element of lack of consent.
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Substance was not an intoxicant or controlled drug – The law applies only to certain substances; if the substance doesn’t qualify under California law, PC 222 does not apply.
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False accusation or mistaken identity – Allegations may be fabricated or based on misidentification, especially in cases with limited witnesses or unreliable statements.
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Unlawful search or seizure – If police obtained evidence in violation of your constitutional rights, that evidence may be excluded, which can weaken or even collapse the prosecution’s case.
Speak With a Los Angeles Criminal Defense Attorney
Attorney Arash Hashemi has over 20 years of experience defending clients against serious felony allegations in Los Angeles County, including cases involving accusations of administering drugs to commit a felony. He knows how law enforcement investigates these cases, the tactics prosecutors use in court, and the strategies that can be most effective in dismantling weak or exaggerated claims.
At The Law Offices of Arash Hashemi, we dig deep into every detail — from the initial police report to lab results and witness statements — looking for inconsistencies, constitutional violations, and other flaws in the prosecution’s case. Our goal is to protect your rights, preserve your freedom, and achieve the best possible resolution, whether that’s getting charges dismissed, reduced, or avoiding prison altogether.
A conviction for administering drugs to commit a felony can result in years in state prison, crushing fines, and a permanent criminal record. The sooner you have an experienced Los Angeles criminal defense attorney on your side, the better your chances of protecting your future. Call us today for a free, confidential consultation and start building your defense now.
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