California Penal Code 220 – Assault with Intent to Commit a Felony
Under California Penal Code 220 PC, it is a serious crime to assault someone with the intent to commit certain violent or sexual felonies. This statute addresses actions where force or threats are used with the specific intent to carry out heinous acts, such as rape, sodomy, oral copulation, or mayhem. Even minimal physical contact, such as a push or grab, can qualify as assault under this law if accompanied by the intent to commit a felony.
What Does Penal Code 220 PC Prohibit?
To be convicted for assault with intent to commit a felony, prosecutors must prove the following elements:
- An assault occurred.
- The assault was committed with the intent to commit mayhem, rape, sodomy, oral copulation, or violations of Penal Code Sections 264.1, 288, or 289.
- The act was intentional and involved non-consensual or unprivileged contact.
It is important to note that the victim does not need to sustain an injury, and even slight or indirect contact, such as through clothing, may satisfy the assault element of this charge.
At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients accused of serious felony charges, including assault with intent to commit a felony. Our Los Angeles defense attorney meticulously evaluates every aspect of the case to identify weaknesses in the prosecution’s evidence and develop a strong, personalized defense strategy.
If you are facing charges under Penal Code 220 PC, call our office today at (310) 448-1529 to schedule a consultation and take the first step in protecting your rights.
Elements of Assault with Intent to Commit a Felony
To secure a conviction under California Penal Code 220 PC, the prosecution must prove the following elements beyond a reasonable doubt:
Assault
You must have committed an act that was likely to result in the application of force against another person. This includes any unprivileged or non-consensual contact, even if no physical injury occurred.
Intent to Commit a Felony
At the time of the assault, you must have acted with the specific intent to commit one of the following serious crimes:
- Mayhem
- Rape
- Sodomy
- Oral copulation
- Sexual penetration
- Lewd acts with a child (as defined under Penal Code § 288)
Specific Intent
The intent to commit one of the specified felonies must have been deliberate and clear. Actions driven merely by intent to frighten or harm, without the intent to commit a specified felony, do not meet this requirement.
Each of these elements must be proven beyond a reasonable doubt for a conviction. The lack of any one element may lead to reduced charges or a dismissal of the case.
Related Offenses to Penal Code § 220
Several other crimes may be charged in conjunction with or as an alternative to Penal Code § 220:
- Attempted Rape (Penal Code § 261): Attempting but failing to complete a rape.
- Sexual Battery (Penal Code § 243.4): Touching an intimate part of another person without consent for sexual gratification.
- Kidnapping (Penal Code § 207): Forcibly moving someone a substantial distance with intent to commit a felony.
- Burglary (Penal Code § 459): Entering a structure with intent to commit a felony, often paired with assault charges.
Common Situations Leading to Assault with Intent Charges
Assault with intent to commit a felony often involves allegations of force or threats tied to violent or sexual crimes. One common scenario is physical assault with sexual intent, where an individual uses force to restrain or isolate someone, such as leading them to a secluded area, with the intent to commit acts like rape or sexual penetration. Even minimal physical contact, if combined with the intent to commit a serious crime, can result in charges under this statute.
Another frequent situation involves assault during a break-in. This occurs when someone enters a home or private property and attacks a resident with plans to commit sexual assault, mayhem, or another felony. These incidents often lead to additional charges, such as burglary or home invasion, further compounding the potential penalties. Lastly, threats or coercion combined with assault can also lead to charges. This involves using verbal threats or intimidation along with physical force to attempt crimes such as sodomy or oral copulation. The combination of threats and physical assault elevates the severity of the offense, making it a serious felony.
Penalties for Assault with Intent to Commit a Felony
Standard Penalty
- Imprisonment in state prison for 2, 4, or 6 years.
Enhanced Penalties for a Victim Under 18
If the victim was a minor at the time of the assault, the penalties increase significantly. A conviction can result in:
- 5, 7, or 9 years in state prison.
First-Degree Residential Burglary (“Home Invasion”)
When the assault occurs during the commission of a first-degree residential burglary, the penalties become even more severe. In such cases, Penal Code 220(b) imposes:
- Life imprisonment with the possibility of parole.
Sex Offender Registration
If the intent of the assault involved committing a sexual crime, such as rape or sexual penetration, the defendant may be required to register as a sex offender under California Penal Code 290. This requirement can have lifelong consequences, including restrictions on employment and residency.
Additional Consequences
In addition to incarceration, a felony conviction under PC 220 can result in:
- A permanent criminal record.
- Loss of firearm rights.
- Difficulty obtaining employment, housing, or professional licenses.
Defenses Against Assault with Intent to Commit a Felony
Facing charges under Penal Code 220 PC can be overwhelming, but there are several legal defenses that may be effective in challenging these allegations. A successful defense strategy depends on the specific circumstances of the case. Our criminal defense attorney can evaluate the evidence to determine the best approach. One common defense is proving a lack of specific intent. To convict, prosecutors must show that the accused not only committed an assault but also intended to commit a specific felony, such as rape or mayhem. If it can be demonstrated that there was no deliberate intent to commit one of these crimes, the charges may not hold up in court.
Another defense is establishing false accusations or mistaken identity. In some cases, allegations arise due to personal vendettas, misunderstandings, or misidentification. For example, if the victim falsely accuses someone out of revenge or mistakenly identifies the wrong person, this can be a basis for challenging the charges. Additionally, challenging insufficient evidence is a critical defense in many assault cases. Prosecutors must prove every element of the crime beyond a reasonable doubt. If the evidence is weak, contradictory, or unreliable—such as vague witness statements or lack of physical evidence—it can create reasonable doubt, potentially leading to a reduction or dismissal of charges.
Contact a Los Angeles Defense Attorney
If you have been charged with assault with intent to commit a felony under California Penal Code 220, it is critical to act quickly to protect your rights and future. These charges carry severe penalties, including years in state prison and, in some cases, mandatory sex offender registration. Having an experienced Los Angeles defense attorney by your side can make all the difference.
At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients accused of serious felony charges in Los Angeles, Santa Monica, Beverly Hills, Westwood, and surrounding areas. Los Angeles criminal defense attorney Arash Hashemi understand the complexities of assault with intent cases and work diligently to examine the facts, challenge the prosecution’s evidence, and build a strong, personalized defense strategy.
Don’t face these charges alone. Take the first step in your defense today. Contact our office to schedule a confidential consultation and learn how we can help.
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