California Penal Code 220 PC defines the serious felony offense of committing an assault with the specific intent to perpetrate another major crime—most notably sexual offenses such as rape, sodomy, or lewd acts with a minor.
Under this statute, prosecutors are not required to show that the intended felony was actually completed; the combination of an unlawful assaultive act and the requisite criminal intent is enough to trigger severe felony penalties.
Because these charges often carry mandatory state prison sentences and potential sex offender registration, anyone facing an investigation under PC 220 must understand the legal elements, sentencing guidelines, and defense strategies involved.
Legal Definition and Elements of Penal Code 220 PC
California Penal Code 220 makes it a crime to assault another person with the intent to commit mayhem, rape, sodomy, oral copulation, or other specified felony sexual offenses. To secure a conviction under PC 220, the prosecution must prove every element beyond a reasonable doubt:
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The Act of Assault: The defendant committed a willful act that by its nature would directly and probably result in the application of force to someone else.
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Specific Criminal Intent: At the very moment of the assault, the defendant harbored the specific intent to commit one of the enumerated felonies (such as rape, sodomy, or mayhem).
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Connection to the Intent: The assault was carried out in furtherance of or concurrently with that criminal intent.
Crucially, the underlying felony need not be completed. If the assault took place with the intent to commit a qualifying felony, the crime is complete even if the defendant stopped, was interrupted, or failed to complete the secondary offense.
Understanding Assault vs. Qualifying Felonies Under PC 220
California law defines an assault as an intentional attempt, coupled with the present ability, to use physical force against another.
Simple contact—such as a push, grab, or offensive touching—can meet the threshold of assault if paired with the unlawful intent.
The statute specifically pairs this assaultive behavior with a defined set of predicate felonies:
|
Offense Category |
Applicable California Code |
Core Legal Definition & Focus |
| Forcible Sexual Offenses | Penal Code 261, 286, 288a, 289 PC | Non-consensual sexual acts, rape, sodomy, or oral copulation committed by force, fear, or threats. |
| Crimes Against Minors | Penal Code 261.5, 288 PC | Statutory rape or committing lewd, sexually motivated acts with a child under the age of 14. |
| Mayhem and Disfigurement | Penal Code 203 PC | Inflicting unlawful, permanent disability, disfigurement, or serious bodily injury. |
Penalties and Sentencing Enhancements for PC 220
Violations of Penal Code 220 are always prosecuted as felonies and cannot be reduced to misdemeanors. The length of the state prison sentence depends heavily on the age of the alleged victim:
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Victim 18 Years of Age or Older: If the adult victim is targeted, sentencing terms include two, four, or six years in California state prison.
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Victim Under 18 Years of Age: If the offense involves a minor victim, the sentencing triad increases substantially to five, seven, or nine years in state prison.
Aggravating Factors and Enhancements
Prosecutors may pursue additional sentencing enhancements if specific aggravating circumstances are present, including committing the act during a residential burglary, using a deadly weapon, causing great bodily injury, or possessing prior qualifying felony convictions. Furthermore, a conviction for certain sexual intent offenses triggers mandatory lifelong or long-term sex offender registration under California law.
Related California Offenses
When filing charges, District Attorneys frequently evaluate closely related or lesser-included crimes, such as:
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Penal Code 243.4 PC (Sexual Battery): Touching an intimate part of another person against their will for sexual arousal or abuse.
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Penal Code 664 / 261 PC (Attempted Rape): Taking a direct, unequivocal step toward completing a rape without finishing the act.
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Penal Code 209 PC (Kidnapping to Commit a Sex Crime): An aggravated felony involving abduction combined with sexual offense intent.
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Penal Code 245 PC (Assault with a Deadly Weapon): Assault committed using a weapon or force likely to produce great bodily injury.
Legal Defenses to Penal Code 278 / PC 220 Charges
An experienced criminal defense attorney can deploy targeted legal strategies to contest the prosecution's narrative and seek a reduction or dismissal of charges:
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Lack of Specific Intent: Because PC 220 requires proof of intent to commit a specific felony, demonstrating that the defendant lacked that mental state can invalidate the charge.
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Accidental or Unlawful Contact: If the contact was accidental, misinterpreted, or did not legally constitute an assault, the case's foundation collapses.
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False Accusations and Credibility Challenges: Allegations arising from high-conflict personal disputes, custody battles, or misunderstandings can be challenged by exposing inconsistencies or ulterior motives in the accuser's statements.
Frequently Asked Questions (FAQs)
What constitutes assault with intent to commit a felony under Penal Code 220?
It occurs when an individual commits an assault while harboring the specific intent to perpetrate a serious crime, such as rape, sodomy, mayhem, or lewd acts with a minor.
Do prosecutors have to prove that the intended felony was actually completed?
No. The core of the crime is the combination of the assault and the unlawful intent; the target felony does not need to be successfully carried out for a conviction to occur.
Can a violation of Penal Code 220 be reduced to a misdemeanor?
No. PC 220 is a straight felony under California law and cannot be wobbled down or reduced to a misdemeanor offense.
What is the maximum prison sentence for a conviction under PC 220?
If the victim is a minor, the maximum prison term is nine years in state prison, though enhancements can extend it further.
What are the best legal defenses against these charges?
Effective defense strategies often center on proving a lack of specific intent, establishing that physical contact was accidental, or challenging false allegations and accuser credibility.
When should I hire a criminal defense lawyer?
You should retain legal counsel immediately upon learning of a police investigation or arrest. Early intervention lets an attorney review the evidence, protect your rights, and negotiate with prosecutors before formal charges escalate.
Legal Representation for California Criminal Charges
Facing allegations under Penal Code 220 requires an aggressive and strategic defense to protect your freedom, reputation, and future.
The criminal defense attorneys at Cron, Israels & Stark, based in Los Angeles, represent clients facing serious charges throughout California, including Los Angeles, Orange, Ventura, Riverside, and San Bernardino counties.
To arrange a confidential consultation, call (424) 372-3112 or contact the firm online.
