California Penal Code 220 PC makes it a felony to assault another person with the intent to commit certain serious crimes, most commonly sexual offenses such as rape, sodomy, or lewd acts with a minor.
Under this law, prosecutors must prove that the defendant committed an assault while intending to carry out another felony offense. Even if the intended felony was never completed, the act of assault combined with criminal intent may still result in serious criminal charges.
A conviction for assault with intent to commit a felony carries significant prison time, mandatory felony penalties, and long-term consequences, including potential sex offender registration in certain cases.
Because these allegations often arise in connection with other serious crimes, anyone under investigation should seek immediate advice from an experienced California criminal defense attorney.
Your best chance for a positive outcome is to consult an experienced California criminal defense attorney at Cron, Israels & Stark. To schedule a consultation, call (424) 372-3112 or use the contact form here.
Legal Definition of Penal Code 220 PC
California Penal Code 220 defines assault with intent to commit a felony as:
Assaulting another person with the intent to commit mayhem, rape, sodomy, oral copulation, or other specified felony sexual offenses.
To convict someone under PC 220, prosecutors must prove the following elements:
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The defendant committed an assault against another person.
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At the time of the assault, the defendant intended to commit a specified felony.
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The assault was carried out to further that criminal intent.
Importantly, the intended felony does not have to be completed. The crime is based on the intent combined with the assaultive act.
What Is Considered Assault Under California Law?
Under California law, assault refers to an intentional act that could result in the application of force on another person.
Examples of actions that may qualify as assault include:
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pushing someone,
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grabbing or restraining another person,
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punching or slapping,
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any offensive or harmful touching.
Even minor physical contact may qualify, and the victim does not have to suffer injury.
Physical contact can occur through clothing, meaning skin-to-skin contact is not required.
Felony Crimes Covered by Penal Code 220
Penal Code 220 applies when an assault occurs while intending to commit certain serious felonies.
These offenses include:
Rape – Penal Code 261 PC
Rape occurs when someone has non-consensual sexual intercourse with another person through force, fear, threats, or when the victim cannot legally consent.
Rape in Concert – Penal Code 264.1 PC
This offense involves multiple people acting together to commit rape or sexual assault against a victim.
Statutory Rape – Penal Code 261.5 PC
Statutory rape involves sexual intercourse with someone under the age of 18, even if the minor consented.
Lewd Acts with a Minor – Penal Code 288 PC
This crime involves committing lewd or sexually motivated acts with a child under the age of 14.
Oral Copulation by Force – Penal Code 288a PC
This offense occurs when oral copulation is committed through force, threats, or fear.
Forcible Penetration with a Foreign Object – Penal Code 289 PC
This crime involves non-consensual sexual penetration using an object or body part.
Mayhem – Penal Code 203 PC
Mayhem involves permanently disfiguring or disabling another person, such as causing serious facial injury or loss of bodily function.
Sodomy by Force – Penal Code 286 PC
Sodomy by force involves non-consensual anal intercourse through force, violence, or threats.
Penalties for Assault with Intent to Commit a Felony
Penal Code 220 is a felony offense that cannot be reduced to a misdemeanor.
The potential prison sentence depends largely on the age of the alleged victim.
Victim 18 or Older
If the alleged victim is an adult, the penalties include:
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two years in state prison,
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four years in state prison, or
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six years in state prison.
Victim Under 18 Years Old
If the victim is a minor, the penalties increase significantly:
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five years in state prison,
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seven years in state prison, or
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nine years in state prison.
Additional sentencing enhancements may apply depending on the circumstances of the case.
Sentencing Enhancements and Aggravating Factors
Certain circumstances may increase penalties, including:
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committing the offense during a residential burglary,
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use of force or violence,
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causing serious bodily injury,
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prior sex crime convictions.
In some situations, these factors can lead to much longer prison sentences or additional charges.
Related California Crimes
Several other criminal charges are often filed alongside Penal Code 220.
Sexual Battery – Penal Code 243.4 PC
Sexual battery involves touching another person's intimate parts without consent for sexual arousal or abuse.
Attempted Rape – Penal Code 664 / 261 PC
Attempted rape occurs when someone takes a direct step toward committing rape but does not complete the act.
Kidnapping to Commit a Sex Crime – Penal Code 209 PC
This serious felony involves abducting someone with the intent to commit a sexual offense.
Assault with a Deadly Weapon – Penal Code 245 PC
This offense occurs when someone assaults another person using a weapon or force likely to cause great bodily injury.
Legal Defenses to Penal Code 220 Charges
Being accused of assault with intent to commit a felony does not automatically mean you will be convicted. Several legal defenses may apply depending on the facts of the case.
Lack of Intent
One of the most important elements of PC 220 is intent to commit another felony.
If prosecutors cannot prove that the defendant intended to commit one of the listed crimes at the time of the assault, the charge may fail.
Accidental Contact
Physical contact may sometimes occur accidentally or without criminal intent.
If the defense can show that the contact was unintentional, the prosecution may not be able to prove assault.
False Accusations
False allegations sometimes arise from:
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personal disputes,
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misunderstandings,
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attempts to gain advantage in family or relationship conflicts.
A defense attorney may challenge the credibility of the accuser and present evidence that contradicts the allegations.
Frequently Asked Questions
What is assault with intent to commit a felony under Penal Code 220?
Penal Code 220 makes it illegal to assault someone while intending to commit certain serious crimes, such as rape, sodomy, or lewd acts with a minor.
Do prosecutors have to prove the felony actually happened?
No. The prosecution only needs to prove that the defendant committed an assault with the intent to commit the felony, even if the crime was never completed.
Is Penal Code 220 a felony or misdemeanor?
Assault with intent to commit a felony is always charged as a felony offense under California law.
What is the maximum sentence for PC 220?
If the victim is a minor, the maximum sentence is nine years in California state prison, with additional penalties depending on the circumstances.
Criminal Defense for Penal Code 220 Charges
Assault with intent to commit a felony is a serious charge that can carry long prison sentences and lasting consequences. However, every case is unique, and strong legal defense strategies may result in reduced charges, case dismissal, or acquittal at trial.
An experienced criminal defense attorney can review the evidence, challenge the prosecution's intent claims, and build a defense to achieve the best possible outcome.
If you or a loved one is under investigation or has been arrested for violating Penal Code 220 PC, speaking with an experienced criminal defense lawyer as soon as possible is critical.
Cron, Israels & Stark provides criminal defense representation throughout California, including Los Angeles County, Orange County, Ventura County, Riverside County, and San Bernardino County. Contact the firm for a confidential consultation to review your legal options.
