Penal Code § 220 PC - Assault with Intent to Commit a Felony
1. What Is Penal Code 220 PC?
Penal Code § 220 PC Law Reads As Followed:
Every person who assaults another with the intent to commit mayhem, rape, sodomy, oral copulation, or other specified felonies is guilty of a felony.
The penalties for violating Penal Code § 220 PC include:
2, 4, or 6 years in state prison. If the victim is under 18 years of age and the intended felony is a sex crime, the penalties increase to:
5, 7, or 9 years in state prison. If the assault occurs during a first-degree burglary with intent to commit a sex crime, the defendant may face:
Life in prison.
2. What are Examples of Penal Code § 220 PC?
Penal Code § 220 PC in California criminalizes assault with the intent to commit serious felonies, including rape, sodomy, oral copulation, or mayhem. The following are some examples of situations where Penal Code § 220 could apply:
1. Attempted Rape During an Assault
A person grabs and pins another individual down with the intent to commit rape but is stopped before the act is completed. Even if the rape does not occur, the assault itself, combined with the intent to rape, is enough to be charged under Penal Code § 220.
2. Physical Attack to Maim or Disfigure
An individual punches another person into submission with the intent to disfigure them, such as cutting off a body part like an ear or finger. The act of assault combined with the intent to commit mayhem falls under Penal Code § 220.
3. Forcibly Holding Someone Down for Sexual Assault
A person holds down a victim and tries to engage in oral copulation. Even if the assault does not result in the sexual act, the intent to commit the felony makes it a violation of Penal Code § 220.
4. Grabbing Someone to Commit Sodomy
A person grabs another individual and forces them into a secluded area with the intent to commit sodomy. Even if the act is interrupted, the intent during the assault is enough to be prosecuted under this statute.
5. Assault During a Burglary
While committing a first-degree burglary, an individual assaults the homeowner with the intent to commit a sex crime. In this case, the penalties are even more severe, and the offender could face life in prison.
3. What are The Common Defenses Against Penal Code § 220 PC?
Penal Code § 220 PC makes it illegal to assault someone with the intent to commit serious felonies such as rape, mayhem, or sodomy. This is a severe offense, but there are several potential legal defenses that can be used to fight these charges. Here are some of the most common defenses against Penal Code § 220 PC – Assault with Intent to Commit a Felony:
1. Lack of Intent to Commit a Felony
To be convicted under Penal Code § 220, the prosecution must prove that the defendant not only committed an assault but did so with the specific intent to commit a felony, such as rape or mayhem. If there was no intent to commit a felony, the defendant cannot be convicted of violating this law. The defense could argue that the incident was an altercation or misunderstanding that did not involve intent to commit a serious crime.
2. No Assault Occurred
In some cases, the defendant may argue that no assault actually occurred. For example, the contact could have been accidental or unintentional. If the defendant can show that there was no harmful or offensive touching or no use of force, they can challenge the assault element of the charge.
3. Self-Defense or Defense of Others
A valid defense to an assault charge is that the defendant acted in self-defense or in the defense of others. To use this defense, the defendant must show that:
They reasonably believed they or another person were in imminent danger of being harmed,
The use of force was necessary to prevent that harm, and
The force used was no more than what was necessary to defend against the threat.
If the defendant can prove that they were acting to protect themselves or someone else, they may avoid conviction under Penal Code § 220.
4. False Accusation
False accusations are a common defense in cases involving allegations of assault with intent to commit a felony. These types of charges may arise out of personal grudges, jealousy, or revenge. If the defendant can demonstrate that they were falsely accused, they may be able to have the charges dropped. Evidence such as witness testimony, surveillance footage, or communication records can help support this defense.
5. Consent
In cases involving sexual assault or attempted sexual assault, the defense of consent may be raised. If the alleged victim consented to the actions, then the defendant cannot be convicted of assault with intent to commit a felony. However, consent is not a defense if the victim was a minor or unable to give legal consent.
6. Lack of Sufficient Evidence
The prosecution must prove every element of the crime beyond a reasonable doubt. If there is insufficient evidence to establish that the defendant assaulted the victim with the intent to commit a felony, the defense can argue that the case should be dismissed. This defense might focus on discrediting witness statements or demonstrating inconsistencies in the evidence presented by the prosecution.
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4. What are The Penalties for Violating Penal Code § 220 PC?
Penal Code § 220 PC in California makes it a felony to assault someone with the intent to commit serious crimes such as rape, sodomy, oral copulation, or mayhem. Violating this law carries significant penalties, including long prison sentences and other serious consequences. Here’s an overview of the penalties associated with a conviction under Penal Code § 220:
1. Prison Sentences
Violating Penal Code § 220 PC is a felony offense. The prison sentences for this violation depend on the specific circumstances of the case, but the standard penalties include:
2, 4, or 6 years in California state prison.
If the intended felony involved a victim who was under 18 years old and the intended crime was a sexual offense, the penalties are more severe:
5, 7, or 9 years in state prison.
2. Life Sentence for First-Degree Burglary
If the assault with intent to commit a felony occurs during the commission of a first-degree burglary (breaking into a home with the intent to commit a crime), and the intended crime is a sexual offense such as rape or oral copulation, the defendant faces a potential life sentence in state prison.
3. Sex Offender Registration
If the intended felony was a sexual crime such as rape, sodomy, or oral copulation, the defendant may be required to register as a sex offender under California Penal Code § 290 PC. This registration is often for life and carries numerous restrictions and requirements, severely impacting a person’s privacy and freedom.
4. Fines
In addition to imprisonment, defendants convicted of violating Penal Code § 220 may also face substantial fines. These fines can be as high as $10,000.
5. Felony Record
A conviction for assault with intent to commit a felony under Penal Code § 220 will result in a felony record. This can have lasting consequences on various aspects of a person’s life, including:
Employment opportunities,
Housing,
Professional licenses, and
The right to own or possess firearms.
6. Strike Under California’s Three Strikes Law
Penal Code § 220 is considered a serious felony under California’s Three Strikes Law. This means that a conviction counts as a strike on the defendant’s record. If the defendant has two prior strikes and is convicted of a third strike, they could face 25 years to life in prison.
5. What are The Related Offenses To Penal Code § 220 PC?
Penal Code § 220 PC criminalizes assault with intent to commit a felony, specifically serious crimes like rape, sodomy, oral copulation, or mayhem. This law is closely connected to several other criminal offenses in California, many of which may be charged alongside or in place of Penal Code § 220. Here are some of the related offenses:
1. Simple Assault – Penal Code § 240 PC
Simple assault under Penal Code § 240 is defined as an attempt to use force or violence against another person, even if no injury occurs. While assault with intent to commit a felony requires the intent to commit a more serious crime, simple assault focuses on the act of attempting to apply unlawful force without the intent to commit a felony.
Penalties: Simple assault is usually a misdemeanor, punishable by up to 6 months in county jail and a fine of up to $1,000.
2. Battery – Penal Code § 242 PC
Battery is the unlawful use of force or violence against another person, which involves actual physical contact. Assault is an attempt, but battery occurs when physical contact is made. Battery charges may accompany a charge under Penal Code § 220 if the assault involved actual physical harm.
Penalties: Battery is typically a misdemeanor, punishable by up to 6 months in county jail and a fine of up to $2,000. More severe penalties apply if serious bodily injury occurs.
3. Mayhem – Penal Code § 203 PC
Mayhem involves unlawfully and maliciously causing serious bodily harm, such as disfigurement, disabling a body part, or cutting or maiming someone. Since Penal Code § 220 can involve an intent to commit mayhem, the crimes are closely related.
Penalties: Mayhem is a felony punishable by 2, 4, or 8 years in state prison.
4. Rape – Penal Code § 261 PC
Rape is the act of engaging in sexual intercourse with another person without their consent. Penal Code § 220 often involves an intent to commit rape. Charges of assault with intent to commit a felony may be filed alongside actual rape charges if the crime is carried out.
Penalties: Rape is a felony punishable by 3, 6, or 8 years in state prison, with enhanced penalties if the victim is underage or if the act involves force.
5. Sodomy – Penal Code § 286 PC
Sodomy is the non-consensual act of sexual penetration between individuals. When an assault is committed with the intent to engage in sodomy, Penal Code § 220 charges may apply. This crime is commonly charged in cases of sexual assault or attempted sexual assault.
Penalties: Non-consensual sodomy is punishable by 3, 6, or 8 years in state prison, with increased penalties if the victim is a minor.
6. False Imprisonment – Penal Code § 236 PC
False imprisonment occurs when someone unlawfully restrains another person’s freedom of movement. This offense often accompanies charges of assault with intent to commit a felony, particularly in cases involving sexual assault where the victim was held against their will.
Penalties: False imprisonment can be charged as a misdemeanor or felony. A felony conviction can result in up to 3 years in state prison.
7. Attempted Murder – Penal Code § 664/187 PC
Attempted murder can be charged if the assault was carried out with the intent to kill the victim. While Penal Code § 220 focuses on intent to commit a felony like rape or mayhem, if there is evidence the defendant intended to kill the victim during the assault, attempted murder charges may apply.
Penalties: Attempted murder is punishable by life in prison with the possibility of parole.
8. First-Degree Burglary – Penal Code § 459 PC
First-degree burglary is committed when someone unlawfully enters an inhabited dwelling with the intent to commit theft or any felony. If the assault with intent to commit a felony occurs during the burglary, it could lead to additional charges, including a potential life sentence if the intended felony is a sex crime.
Penalties: First-degree burglary is punishable by 2, 4, or 6 years in state prison, with harsher penalties if a sexual assault occurs.
9. Possession of a Deadly Weapon with Intent to Assault – Penal Code § 17500 PC
This offense involves possessing a deadly weapon with the intent to assault someone. If the defendant was carrying a weapon during an assault with the intent to commit a felony, additional charges under Penal Code § 17500 could apply.
Penalties: This is a misdemeanor offense, punishable by up to 6 months in county jail and a fine of up to $1,000.
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